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HomeMy WebLinkAboutCOM 0933.000 2004-2006 ~YY 01 r~~ Harry Kim} Dixie Kaetsu Mayor' Managing Director ,.e Barbara Kossow ~rloiM~~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 967204252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kualdni Highway, Suite 103 • Kadua-Kona, Hawai'i 96740 (808) 329-5226 • Fax (808) 326-5663 May 30, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: / State Land Use Boundary Amendment Application (SLU 06-000010) Request: Agriculture and Urban to Rural Change of Zone Application (REZ 06-000037) Request: RS-15/A-20a to RA-1 a Applicant: Plant-Mason Family Trust Tax Map Key: 2-6-32:6 Repeal of Change of Zone Ordinance No. 96 152 Initiator: Planning Director Tax Map Key: 2-6-32:6 (formerly 2-6-12:portion of 4 and 2-6-13:portion of 7) Change of Zone (REZ 1047) Applicant: Seascape Development, LLC Request: Amendment to Condition H of Change of Zone Ordinance No. 04-106 Tax Map Key: 7-3-10:portion 3 As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely Harry Kim 4 Mayor L050506may Q Enclosures Comm. No. -1 ?3 cc: Planning Department Ref. To: ~I I~ 2. 4 4 2.q7 > Hawai'i County is an Equal Opportunity Provider and Employer Rej, Date JUN n 6 20-- , +,I OF y.`y .'..4y~4 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 May 30, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: State Land Use Boundary Amendment Application (SLU 06-000010) Request: Agriculture and Urban to Rural Change of Zone Application (REZ 06-000037) Request: RS-15/A-20a to RA-la Applicant: Plant-Mason Family Trust Tax Map Key: 2-6-32:6 The Planning Commission, after a duly held public hearing on May 5, 2006, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from an Agricultural (2.8 acres) and Urban (11.9 acres) district to a Rural district, and a change of zone changing the district classification from an Agricultural 20-acre (A-20a) and a Single Family Residential 15,000 square feet (RS-15) to a Residential and Agricultural 1-acre (RA-1a) district for approximately 14.771 acres of land. The property is located along the southeast comer of the Kulana Kea Drive and Kauhiuula Road intersection, Wainaku, South Hilo, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural and Urban to Rural to subdivide the property into a minimum of ten (10) lots. Eight of the lots will be approximately 1+ acres in size and the remaining two will be 3.2 and 2.7 acres. A drainage easement is delineated through the latter two lots. The applicant plans to construct a dwelling on one of the lots and reserve at least two lots for their immediate family. The remaining lots would be for other family members or possibly sold to reduce the cost to develop the subdivision. The applicant hopes to complete the subdivision by 2006. The cost of the project is estimated at $1 million for Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 on and off-site improvements, including the installation of a new 8-inch, 2,900-foot long waterline from a water tank to the site. The applicant is also requesting a concurrent Change of Zone from Agricultural 20-acre (A-20a) and Single-Family Residential 15,000 square feet (RS-15) to Residential and Agricultural 1-acre (RA-1a). The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that are compatible with the Rural designation. The applicant has stated that the 14.771-acre parcel will be subdivided into a minimum or ten residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use policies of the General Plan: Stacy Higa, Chairman and Members of the County Council Page 3 • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The request conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The LUPAG map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Low Density Urban designation includes uses single-family residential in character, ancillary community and public uses and convenience type commercial uses. This boundary request would allow a rural development for residential- agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the site is from Kulana Kea Road, a private roadway with an approximately 20-foot wide pavement in good condition within a 60- foot wide right-of-way. Kulana Kea Road has a 20-foot wide paved section that extends from Wainaku Road to Kauhiula Road. The unpaved shoulders are approximately 3 to 5 feet wide on both sides. In this area, Wainaku Road has a right-of-way of 30 feet with a minimum 20-foot pavement. County water is available to the site; however, substantial line improvements must be made. Wastewater will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. All essential utilities are available to the property. The closest fire station and main police station are located in downtown Hilo, less than three miles from the project site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", outside of the 500-year flood plain. The property slopes slightly in a westerly direction at a gradual 8% slope. The property is designated Prime Agricultural Land by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, but is not currently being used for active agricultural purposes. Soils within the property are classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil characteristics of the property, the potential for more intensive agricultural uses Stacy Higa, Chairman and Members of the County Council Page 4 does exist. However, the request to rezone and subdivide the property into smaller rural- agricultural lots could enhance the property's agricultural potential, as the site would be more manageable from a size standpoint (one acre vs. fourteen acres). The proposed reclassification would conform to the objectives/policy articulated in the Hawaii State Plan relating to the economy and agriculture, which states, "facilitate the transition of agricultural lands in economically nonfeasible agricultural production to economically viable agricultural uses." The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. It is located approximately one mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. According to the applicant, the original botanical resources of the site were removed during the sugar plantation era. Fallow sugar cane, as well as weeds such as Wainaku grass, remain on the property. The applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the site. The applicant states that given the property's elevation at approximately 300 feet, it may be possible to find the Hawaiian Hawk and Hawaiian Owl in the area. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (HPD) has determined that no historic properties will be affected. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural and Urban District to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Chanae of Zone The applicant is requesting a Change of Zone from A-20a (approximately 2.862 acres) and RS-15 (approximately 11.909 acres) to RA-1 a to subdivide the property into ten lots. Eight of the lots will be approximately 1+ acres in size and the remaining two will be 3.2 and 2.7 acres. A drainage easement is delineated through the latter two lots. The applicant plans to construct a dwelling on one of the lots and reserve at least two lots for their immediate family. The remaining lots would be for other family members or Stacy Higa, Chairman and Members of the County Council Page 5 possibly sold to reduce the cost to develop the subdivision. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from the Agricultural (approximately 2.862 acres) and Urban (approximately 11.909 acres) Districts to a Rural District. hi order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from A-20a and RS-15 to RA-la will conform to, among others, the Land Use (Single Family Residential) policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which allows uses single family residential in character, ancillary community and public uses, and convenience type commercial uses. A 14.69-acre area, which includes approximately the entire subject property, was reclassified into the State Land Use Urban District and rezoned to the RS-15 zoned district on December 5, 1996. Mauna Kea Agribusiness, the former landowner, had planned to subdivide the property into 25 lots ranging in size between 15,000 - 20,000 square feet to provide home ownership opportunities to C. Brewer's employees. Subdivision No. 7472 was approved on October 9, 2001 for the consolidation and resubdivision of six lots into four lots (Lots 1-A through 1-D) and an existing roadway lot. However, after the subdivision was approved, Lot 1-D (subject property) did not correspond in size and configuration to the 14.69-acre area that was reclassified and Stacy Higa, Chairman and Members of the County Council Page 6 rezoned. Thus, the subject property has a split-zoning and State Land Use designation. C. Brewer's plans never materialized, and the applicant purchased the property in December, 2001. The applicant filed a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-20a and RS-15 to RA-2a for the subject property to create a 6-lot subdivision. However, due to cost considerations, the applicant withdrew the application on January 15, 2004 and the applicant has filed the current request from A-20a and RS-15 to RA-1 a for a 10-lot subdivision. Properties in the area of Haaheo School are zoned RS-7.5 and RS-10. Properties north and west of the site are zoned A-20a. The land uses in the area are largely rural- agricultural in nature. The request is thus consistent with the land use pattern established within this area. Should this request be approved, the applicant may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request for a 10-lot subdivision, the potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. The property was previously utilized for the production of sugar cane, but is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "Y', an area determined to be outside of the 500-year flood plain. The property slopes in a westerly direction at a slope of approximately eight (8) percent. The State of Hawaii ALISH Map classifies the property as prime Agricultural land, or land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. Soils within the property and surrounding area is classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil characteristics of the property, the potential for more intensive agricultural uses does exist. However, the applicant states that the request to rezone and subdivide the property would enhance the property's agricultural potential, as the site would be more manageable from a size standpoint (one acre vs. fourteen acres). Access to the site is from Kulana Kea Road, a private roadway with an approximately 20-foot wide pavement in good condition within a 60-foot wide right-of- way. Kulana Kea Road has a 20-foot wide paved section that extends from Wainaku Stacy Higa, Chairman and Members of the County Council Page 7 Road to Kauhiula Road. The unpaved shoulders are approximately 3 to 5 feet wide on both sides. In this area, Wainaku Road has a right-of-way of 30 feet with a minimum 20- foot pavement. Although County water is available to the site, substantial line improvements must be made. An 8-inch waterline would have to be extended approximately 2,900 feet from a water tank to the intersection of Kaiwiki Road and Kulana Kea Road. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. All essential utilities are available to the site. Police, fire and emergency facilities are located approximately three miles away in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately one mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (HPD) has determined that no historic properties will be affected. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (HPD) has determined that no historic properties will be affected. Stacy Higa, Chairman and Members of the County Council Page 8 • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural 20-acre (A-20a) and Single-Family Residential 15,000 square feet (RS-15) to a Residential and Agricultural 1-acre (RA-1a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the SLU Boundaries Maps and Section 25-8-34 (Papaikou-Onomea Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition), are transmitted. We are enclosing a copies of the staff background and recommendation for your information. Sincerely, o cda, Chairman Planning Commission Lplantmason02PC Enclosures cc: Mr. Sidney Fuke Plant-Mason Family Trust Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways,Honolulu State Land Use Commission DLNR-HPD/Kona BPMwmSLUREZ.doc4/6/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PLANT-MASON FAMILY TRUST STATE LAND USE BOUNDARY AMENDMENT (SLU 06-000010) CHANGE OF ZONE (REZ 06-000037) PLANT-MASON FAMILY TRUST has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 20- acres (A-20a) and Single-Family Residential 15,000 square feet (RS-15) to Residential and Agricultural 1-acre (RA-1a) for approximately 14.771 acres of land. The property is located adjacent to and west (mauka) of Haaheo Elementary School, Wainaku, South Hilo, Hawaii, TMK: 2-6-32:6. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-20a (2.862 acres) and RS-15 (11.909 acres) to RA-la for approximately 14.771 acres to subdivide the property into ten lots. Eight of the lots will be approximately 1+ acres in size and the remaining two will be 3.2 and 2.7 acres. A drainage easement is delineated through the latter two lots. The applicant plans to construct a dwelling on one of the lots and reserve at least two lots for their immediate family. The remaining lots would be for other family members or possibly sold to reduce the cost to develop the subdivision. (Exhibit 1- State Land Use Boundary Amendment and Change of Zone applications) 2. Timetable: The applicant hopes to complete the subdivision by 2006. 3. Cost: $1 million for estimated on and off-site improvements, including the installation of a new 8-inch, 2,900-foot long waterline from a water tank to the site. 4. Landowner: Plant-Mason Family Trust. BACKGROUND INFORMATION 5. December 5,1996: Effective date of Ordinance No. 96 151 and Ordinance No. 96 152, a Planning Director initiated action which reclassified a 14.69-acre area into the State Land Use Urban District and a Single-Family Residential (RS-15) zoned district. Mauna Kea Comm. 933 Billy 296 & 297 Agribusiness, the former property owner, had planned to subdivide the property into 25 lots ranging in size between 15,000 - 20,000 square feet to provide home ownership opportunities for C. Brewer's employees. (Exhibit 2 - Ordinance No. 96 151 and Ordinance No. 96152) 6. October 1, 2001: Effective date of Subdivision No. 7472 for the consolidation and resubdivision of six lots into four lots (Lots 1-A through 1-D) and an existing roadway lot. However, after the subdivision was approved, Lot I-D (subject property) did not correspond in size and configuration to the 14.69-acre area that was reclassified and rezoned. Thus, the subject property has a split-zoning and State Land Use designation. C. Brewer's plans never materialized, and the applicant purchased the property in December, 2001. 7. August 12, 2003: The applicant filed a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-20a and RS-15 to RA-2a for the subject property to create a 6-lot subdivision. However, due to cost considerations, the applicant withdrew the application on January 15, 2004. STATE AND COUNTY PLANS 8. State Land Use Designation: Urban, for approximately 11.909 acres and Agricultural for approximately 2.862 acres. 9. GP LUPAG Map: Low Density Urban. 10. County Zoning: A-20a for approximately 2.862 acres and RS-15 for approximately 11.909 acres. 11. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Rural District and County RA-Ia zoned district. 12. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 13. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately one mile from the nearest coastline and not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Subject Property: The property is located approximately 450 feet mauka or west of -2- Haaheo Elementary School and 850 feet mauka or west of the Mamalahoa Highway. The property fronts Kulana Kea Road and the east side of Kauhiula Road. Both roads are private. The site is vacant and was formerly cleared and planted in sugar cane. The property slopes slightly in a westerly direction at a gradual 8% slope. 15. Surrounding Zoning/Land Uses: Properties in the area of Haaheo School are zoned RS-7.5 and RS-10. Properties north and west of the site are zoned A-20a. 16. ALISH: Prime Agricultural Land, which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modem farming methods. 17. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 18. U.S. Soil Survey: Hilo silty clay loam, 0 to 10 percent slopes (HoC). In a representative profile, the surface layer is dark brown silty clay loam about 12 inches thick. This soil dehydrates irreversibly into fine gravel-size aggregates. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 19. FIRM: Zone "V, area determined to be outside the 500-year flood plain. 20. Flora/Fauna Resources: According to the applicant, the original botanical resources of the site were removed during the sugar plantation era. Fallow sugar cane, as well as weeds such as Wainaku grass, remain on the property. The applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the site. The applicant states that given the property's elevation at approximately 300 feet, it may be possible to find the Hawaiian Hawk and Hawaiian Owl in the area. 21. Archaeological Resources: In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (HPD) has determined that no historic properties will be affected. 22. Cultural or Native Gathering Rights: According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access to the site. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. -3- 24. Traffic: M&E Pacific, Inc. conducted a Traffic Impact Analysis Report dated February, 2006 (Appendix D in the application). The report concluded that "the proposed project is not expected to have an adverse traffic impact on the two study intersections in the vicinity of the project site." PUBLIC UTILITIES AND SERVICES 25. Access: Access to the site is from Kulana Kea Road, a private roadway with an approximately 20-foot wide pavement in good condition within a 60-foot wide right-of- way. Kulana Kea Road has a 20-foot wide paved section that extends from Wainaku Road to Kauhiula Road. The unpaved shoulders are approximately 3 to 5 feet wide on both sides. In this area, Wainaku Road has a right-of-way of 30 feet with a minimum 20- foot pavement. 26. Water: Although County water is available to the site, substantial line improvements must be made. An 8-inch waterline would have to be extended approximately 2,900 feet from a water tank to the intersection of Kaiwiki Road and Kulana Kea Road. 27. Wastewater: Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. 28. Solid waste: Solid waste will be handled by commercial haulers or disposed of at landfill sites or transfer stations. 29. Essential Utilities and Services: All essential utilities are available to the site. The closest fire station and main police station are located in downtown Hilo, less than three miles from the project site. AGENCIES' COMMENTS 30. Department of Public Works: Exhibit 3 - April 5, 2006 memo 31. Department of Water Supply: Exhibit 4 - March 23, 2006 memo 32. Department of Environmental Management: Exhibit 5 - March 1, 2006 memo 33. Police Department: Exhibit 6 - February 14, 2006 memo 34. Fire Department: Exhibit 7 - February 10, 2006 memo 35. Office of Housing and Community Development: Exhibit 8 - March 6, 2006 memo 36. Department of Health: Exhibit 9 - March 10, 2006 memo AGENCIES - NO RESPONSES 37. Department of Land and Natural Resources Land Division and Historic Preservation -4- r Division, Department of Transportation, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 38. Exhibit 10 - • March 21, 2006 letter • April 6, 2006 letter with March 30, 2006 letter from Engineering Partners, Inc. PUBLIC COMMENTS 39. Exhibit 11- March 18, 2006 letter from Paul D. and Maylyn Tallett -5- 2006 FEB 19 p 53 PL, !/ENT :~iJiI i •J,ili JyYII APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agriculture to Rural) and COUNTY REZONING (A-20a and RS-15 to RA-la) PLANT-MASON FAMILY TRUST PAPAA-HALEPUNA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-6-32: 006 Prepared For: Plant-Mason Family Trust Prepared By: Sidney M. Fuke, Planning Consultant February 2006 EXHIBIT STATE LAND USE BOUNDARY AMENDMENT APPLICATION • ~~(15 ACRES OR LESS) PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER' Pleot-Mawr Family PETITIONER'S SIGNATURE: u DATE: Feb. 7, 2006 ADDRESS: P.O. Box 1667 Paso Robles, 3447 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE' (BUS. (j sos> 238.4766 ( (Fox)(803) 238.6017 LANDOWNER(S): Phut-Maws Fami TPA LANDOWNER SIGNATURE(S): w -JDATE;Fcb. 7,2006 letter) ADDRESS: Seem as applimat TAX MAP KEY: 2-6-32: 006 STREET ADDRESS OF PROPERTY' KuM= Kea Road ZONING: A-2oa and RS-I5 SIZE OF PROPERTY: 11.909 (RS-IS); 2.862 (A-20a) -(14.771) CURRENT STATE LAND USE DISTRICT CLASSIFICATION'. Alirimlim and Urban REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT' Sidney M. Faloa ADDRESS. 100I'Mold Shoat, Suite 212 Hilo, M 96720 TELEPHONE: (Bus.)9-1522 (Res.L_ (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent ORIGINAL: Sidney Fake COPIES: William Pleht-Mason (See Iasfruct}pr~syg l~gv W Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: PkM-Mason Fami Trust APPLICANTS SIGNATURE: u DATE: Feb. 7, 2006 ADDRESS: P.O. Box 1667 Pam Roble% CA, LIST APPLICANTS INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: a(sos)zsa6o17 PHONE:(Bu&)(805)238.4766 (Res.) (Fax LANDOWNER(S): PWI-Mason Farm Trust LANDOWNER SIGNATURE(S): DATE: Feb. 7, 2006 LANDOWNER(S) ADDRESS: Same as epplkwn__-~ REQUEST: Rs-IS and A-20a To RA-1a TAX MAP KEY: 2-632 (Proposed ZAniag) STREET ADDRESS OF PROPERTY: Kubum Kea Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: I I " w (RS-15y, 2.662 ac (A-20a) AGENT: Sidney M. Fuke Plmming Conaai w ADDRESS: loo PeuWd steer, Sake 212 Hilo, HI %720 TELEPHONE: (BUS.) 969-1522 (Res.) (Fax, 917996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: sidney Fuke COPIES: Bill Plant-Mason (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1• If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14.771 ac b. Into what lot sizes? 1+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1 month d. Do you intend to build houses on the newly created lots? VA. If yes, please answer the following questions: On how many of those lots? 1 At what approximate price range? House $300,000 Lot $200,000 Total $500,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2years If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? c• Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will add much needed inventory to the region in an area plus there is an affordable housing requirement. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. The site has been used intermittently for cattle grazing in the past 6. Was your request to allow for the creation of smaller agricultural lots? Somewhat if so, did your plan include the following considerations? a. Commodity to be produced? No What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? No c• Sufficient farm size to allow reasonable chance of success in commercial agriculture? No -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. The objectives were family subdivision and creation of nasal sized lots for limited or backyard farming 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? t Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads X C. Sewer x d. Drainage x -3- Yes No e. Police Protection x f. Fire Protection x 9. Recreational Facilities x X h. Public Utilities X t. Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: W,1 -OA w r\ Address: P.O.Ho 93447 Telephone: (805)238-47660 Date: Fabnmy 7, 2006 -4- COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (Ag to Rural) COUNTY REZONING REQUEST (RS-15 to RA-1a) WILLIAM AND JACQUELINE PLANT-MASON PAPAA-HALEPUNA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-6-32: 006 I. INTRODUCTION William and Jacqueline Plant-Mason (hereinafter, applicants), are requesting to "downzone" an 11.909-acre portion of a 14.771-acre parcel from Single- family Residential (RS-15) to Residential-Agriculture (RA-1a) district. Concurrently, the applicants are proposing to redesignate these 11.909-acre and remaining 2.862-acre areas from Urban and Agriculture, respectively, to Rural. The 2.862-acre area is also proposed to be rezoned from Agriculture (A-20a) to Residential-Agriculture (RA-1a). The property is located in Papaa-Halepuna, South Hilo, Hawaf i and is identified by TMK: 2-6-032: 006. It is situated about 450 feet mauka or west of the Haaheo Elementary School site and approximately 850 feet mauka or west of the Old Mamalahoa Highway. (Figures 1 & 2) If approved, the applicants intend to subdivide the 14.771-acre parcel into a minimum of ten (10) lots, consisting of a 1+ acre. They then plan to construct their home on one of the lots, while reserving at least two (2) lots for their immediate family. The remaining lots would be kept for other family members or possibly sold to reduce the cost to develop this subdivision. A 14.69-acre area (which includes 11.909 acres of subject parcel) was reclassified into the State Land Use Urban District and rezoned into the Single-Family Residential (RS-15) zone in December 1996 (See Figure 3). The then property owner (Mauna Kea Agribusiness Company, Inc.) had planned to subdivide the 14.69-acre area into twenty-five (25) houselots ranging between 15,000 to 20,000 square feet. This subdivision was to provide home ownership opportunities to the parent company's (C. Brewer) employees who wanted to transfer to Hilo from Honolulu and Maui. A consolidation and resubdivision of the subject area, which created four (4) lots, was approved on October 9, 2001. Lot 1-D (which is the subject parcel) unfortunately did not correspond in size and configuration to the 14.69-acre area that was reclassified and rezoned. (See Figure 4) The subject property thus has a split zoning and State Land Use designations. (See Figure 5) 1 ' fah oa Sr m Na a a a.. 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In August of 2002, the applicants applied to have the Agriculture-designated area reclassified into the Urban district and the entire site rezoned into the RA-2a district to create a 6-lot subdivision. However, due to personal and infrastructure cost considerations, the applicants elected to withdraw their application on January 2004 and contemplated pursuing a 25-lot development based on the existing RS-15 zoning. The applicants instead, as discussed below, would like to do a 1-acre, 1Not subdivision. II. PROJECT LOCATION The subject area is located generally mauka or west of the Haaheo Elementary School site. More specifically, it fronts the south side of Kulana Kea Road and the east side of Kauhi ula Road. Both are private roads, with Kulana*Kea Road eventually intersecting with the old Mamalahoa Highway, which is also referred to as Wainaku Road. The property begins approximately 850 feet from Wainaku Road. (See Figure 2) III. PROJECT DESCRIPTION A. Project Concept and Components As noted earlier, the applicants recently purchased the lot with the intention of constructing their home on the site. However, because the area was too large, the applicants had originally proposed to do a 6-lot subdivision and convey a few of the lots to their immediate family, while selling the remaining 2-3 lots to other family members or friends to help defray the subdivision cost. However, that request was subsequently withdrawn, after it was learned that the infrastructure cost to do a 6 or a 25-lot subdivision would have been the same. Then, too, there was also the requirement of the County Affordable Housing Code (Chapter 11) that had to be addressed regardless of the number of lots. These factors did not make the 6-lot approach feasible. The applicants then contemplated doing a 25-lot subdivision with lots consisting of 15,000+ square feet. Their internal investigation gave them comfort that it could be done. However, they preferred doing a project that was more consistent with the rural/agriculture character of this area, provided that it made financial sense, given the infrastructure costs and affordable housing requirements. 2 After due consideration, the applicants believe that in spite of the extensive water line improvements and the affordable housing requirement, doing a 1+ acre lot development would be workable. Given the above, the applicants would like to proceed with the development of this site into 1+ acre sized lots rather than creating twenty-five (25) 15,000 square foot parcels. Tentative plans for the subdivision call for two (2) access points from Kulana Kea Road. Each point would provide access to five (5) lots. (See Figure 6) Accordingly, the applicants are proposing to "downzone" the 11.9-acre area from Single-family Residential (RS-15) to Residential-Agriculture (RA-1a). At the same time, the balance (2.8 acres) would be rezoned from Agriculture (A-20a) to Residential-Agriculture (RA-1a). It is understood that the subdivision plan submitted herein may change prior to recent of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the applicants hope to have the land subdivided before the end of 2006. The estimated on and off-site cost of improvements would be nearly a $1 million due in large measure to the installation of a new 8-inch water line from a water tank to the subject site, at a distance of about 2,900 feet. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use Nearly 12 acres of the subject properly are designated Urban. The remaining 2.862 acres are within the Agriculture district The entire area is proposed to be reclassified into the Rural district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the State Land Use boundary amendment and rezoning requests. 3 i i n 3$$~ y z. 6 u U g ~ o°"O o € 5 g a-~ 1N 101 mm .W.1Rro g t R 6d g ~ qp E ~ i 00 x y8 NF a wm > I~ ? k F wnov .wro ^ n _mmm rn W 8 Cl 06 - .www Is - w«~ N - aawwi 3q [f~f Nom ~ 0N1 Wi 12 b mx NZ- Q .w.~~i -mww 3F B ~ ~ Q \ F~ ;i5 aen .1 < as $ TqIp x <¢3n ~ ~ Y~ I ~ ~ I 6 p Z Q ~ ~ 94 T I b os wc 41 c;j = M x I 0 0 Y prr~: 5 N Y acx~ -.aorusai " army ~P N n ~ ~ .oral xsn• xm ON ¢ H z Q 3~3 Z I P ~ i Q z 0 J B c o Y a a a a•~i Fme k ww ag V avoa J ~ : w a x F g n+ L A 5 mx g R O A D H R - i S nn"nrt ~~ym- A U I U U j w c Figure 6 B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Low Density Urban Development. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. Based on the requested Residential-Agriculture (RA-1a) designation, the project would be consistent with the General Plan and no amendments would be required. C. County Zoning The County zoning of the subject property is Single-family Residential (RS=15) and Agriculture (A-20a). Properties in the general area, particularly in the vicinity of Haaheo School, are zoned Singe-family Residential (RS-7.5 and RS-10). Properties north and west are zoned Agriculture (A-20a). The properties immediately north and across of the subject site is being proposed If approved, the site would be subdivided pursuant to the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RA-1a zone would be adhered to. D. Relationship to SMA Obiectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the requests relationship to the CZM Program is found in Chapter IX, Regulatory Analysis. E. Other Permittina Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. 4 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the eastern slope of Mauna Kea, approximately a mile from the ocean. The parcel is gently sloping, with an average slope of about eight (8) percent. It has an elevation that ranges from 215 to 300 feet above mean sea level. The mean annual rainfall in this area is approximately 125 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is somewhat trapezoidal in shape. Its longest and straight side fronts Kulana Kea Road at a length of 953+ feet. The two (2) sides range between 465+ to 491+ feet, respectively. The remaining side has a slight dogleg, with a total length approximating 846+ feet. There is also a 42,506 square feet easement near the south side of the subject property. (Figure 4). The site is vacant of any structures. It was formerly cleared and planted in sugar cane. However, it is presently overgrown with weeds common in this area, such as the "Wainaku" and "California" grass. B. Soils and Topography The topography of the site slopes slightly in a mauka (west) to makai (east) direction. There is a gradual eight (8) percent slope running mauka-makai. The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well-drained, silty clay loam. The surface layer is dark-brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. 5 The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "C" or fair (C42). This suggests the site has fair productivity potential for agricultural crops. It is of the HiloAVailea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "Unique Agricultural Land" or "Other". Under this system, the subject site is classified as "Prime" due to their prior sugar cane use. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the subject site to be located in Zone X, areas outside the 500-year flood plain. However, there is a drainage easement, running maukalmakai at the southern portion of the subject site. This will be incorporated into the design of the subdivision and not be interrupted. 2. Tsunami Hazard As the site is located over a mile from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of Hilo also falls in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. 6 i D. Flora/Fauna The original botanical resources of the subject site were removed during the sugar plantation era. What is left today is fallow sugar cane, as well as weeds that are typical of this area such as the "Wainaku" grass. As such, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk /'o) and the Hawaiian Owl (Pueo). E. Historic/Cultural/Archaeological Resources As the site has been cleared and used for sugar cane in the past, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Further, in conjunction with the rezoning request filed by the applicants for a RA-2a zone, in a letter dated August 31, 2003, the State DLNR-Historic Preservation Division made a "no historic properties will be affected" determination. (Appendix A) Furthermore, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native 7 Hawaiians. However, as the site has been used for sugar cane in the past, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over a mile from the coastline. As such, coastal impacts resulting from discharge of wastewater systems _ from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system. H. Noise. Air Quality, and Dust Kulana Kea Road will serve as the main access to this project from Wainaku Road. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as water service lateral and driveway access improvements) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air uali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will REDUCE the density by over 300 percent (25 to 6). 8 Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 1. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The site is located more on the lower end of Mauna Kea and is not visible from the Highway. Furthermore, the normal residential height of 30 feet should not interfere with the view of Mauna Kea. Relative to Hilo Bay, there are no public roads mauka of the subject site. As such, public views of Hilo Bay would not be affected. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundina Land Uses The land uses in this area are a mixture of urban and rural-agriculture. The urban area is located on the makai side in the area of Haaheo School and the Wainaku subdivision. The area to the north is a com farm, while there are macadamia nut trees mauka or west of the subject area. Those properties are zoned A-20a. The Haaheo Elementary School site and its expanded area bound the makai side of the property. There are also single-family residences in this area with zoning ranging from RS-7.5 to RS-10. The downtown area of the City of Hilo is located less than two (2) miles to the south. There are other urban uses proximate to the site in and around the town of Wainaku, including the Alae Cemetery. 9 Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging residential-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a small backyard farm. Further, there will be some small short-term construction activity. And this could help with the area's economy. C. Agricultural Impacts As noted earlier, the site has not been intensively used agriculturally since the demise of sugar. Given some of the surrounding agricultural uses and the soil characteristics, however, its potential to be more intensively used exists. Allowing the applicants to rezone and subdivide the property into smaller rural/agricultural lots could enhance the site's agricultural potential. It would certainly not diminish it. The site would also be more manageable from a size standpoint (1+ versus 14 acres). The applicants' proposal could thus help foster the agricultural objectives by making available small-sized agricultural farm lots. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Immediate access to the project would be via an existing 60-foot wide private road called Kulana Kea Road. This road has a 20-foot wide paved section that extends from Wainaku Road to Kauhi ula Road. The unpaved shoulders have a width of at least 3-5 feet on both sides. In this general area, Wainaku Road has a right-of-way of 30 feet, with at least a 20-foot pavement. There is adequate sight distance in the area of the existing access, although it could be improved. In conjunction with the rezoning of the 11.9-acre portion of the subject site to RS-15, there were a number of pertinent road related conditions contained in Ordinance No. 96-152. These conditions and the applicants' responses follow. 10 1. Condition E "in conjunction with the Subdivision review and approval process for the subject property, the realigned and proposed County dedicable 60-foot wide collector roadway from the Old Mamalahoa Highway to the subject property shall be constructed by the landowner meeting with the approval of the Department of Public Works. In addition, intersection improvements at the access road and the Old Mamalahoa Highway shall be constructed by the landowner meeting with the approval of the Department of Public Works. Subsequent to this rezoning in 1996, the County Planning Department approved the subdivision application of the former landowner (Mauna Kea Agribusiness), which created the subject and other lots on October 1, 2001. In conjunction with that subdivision action, the existing road (which is now referred to as Kulana Kea Road) was improved from a 10+ foot wide paved road to a 20+ foot wide paved road within a 60-foot wide right-of-way. Although the approved alignment had a 60-foot wide right-of-way with a 20+ foot wide pavement, its location did not exactly correspond to the alignment envisioned when the area was rezoned. Nonetheless, by approving the subdivision, the County Planning Department acknowledged that the present alignment was acceptable. This subdivision action also resulted in the subject property and the properties to the north (TMK: 2-6-32: 4 and 5 - Kulana Kea, LLC) having two zoning designations - A-20a and RS-15. The other two parcels are in the process of being rezoned into the FA-5a district. All of the properties, which include the area of the realignment envisioned in 1996, have since been sold and are no longer under the control of the former landowner or the applicants. As such, having the road realigned exactly to the envisioned location would not be feasible. Notwithstanding the above, the existing roadway is reasonably sufficient. In the review of the applicants' former RA-2a rezoning application as well as Kulana Kea LLC's proposed rezoning (which is located directly across of the subject site), the comments of the County Department of Public Works did 11 not reflect any concerns regarding the potential inadequacy of Kulana Kea Road. (Appendix B) This is understandable, as this 20-foot wide paved, private Kulana Kea Road leading to the subject site is generally in better condition than many of the publicly-owned streets in this County. It should also be noted that neither the recommendation of the Planning Director nor the Planning Commission to the County Council included any improvements to this road or the Kulana Kea RoadlWainaku Road intersection. (Appendix C) The applicants therefore are proposing to not only downzone the subject site to limit the allowable density but, through this rezoning process, have appropriate conditions attached to the rezoning ordinance that can be reasonably implemented. 2. Condition G "In conjunction with the submittal of subdivision plans for the subject property, a revised Traffic Impact Analysis Report which includes mitigating intersection roadway improvements, if applicable, shall be submitted by the landowner for review and approval to the State Department of Transportation. Prior to the occupancy of the first residential house within the subject property, the landowner shall be responsible for any traffic mitigation measures required by the Traffic Impact Analysis Report for the development within the subject property." (emphasis added) Pursuant to this requirement as well as to support this application, the applicants had a Traffic Impact Analysis Report (TZAR) prepared. This report, which is found in Appendix D, concludes that the traffic impact regarding this proposed 10-lot subdivision would be negligible, if at all. It also concluded that no improvements would be necessary at the intersection. Notwithstanding the adequate condition of Kulana Kea Road and the intersection of Kulana Kea Road and Wainaku Road, the applicants believe that it could make reasonable improvements, such as shaving the bank within the existing right-of-way, to increase the sight distance of vehicles exiting Kulana Kea Road. 12 B. Water Although County water is available, substantial line improvements must be made. Specifically, an 8-inch line would have to be extended approximately 2,900 feet from a water tank to the subject site. A copy of this memo from the Department of Water Supply is found in Appendix E. These improvements will be of benefit to the residents of this area. It will make more water accessible, while enable fire hydrants to be installed along this road. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants and/or respective landowner in conjunction with the issuance of a building permit for a dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RA-1a zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicants intend to retain most of the vegetation on the site and use if for composting for their property. Thus, waste from this project would be equal to a domestic use. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required. The nearest fire station and main police station are located in Downtown Hilo, less than 3 miles from the site. In this area, the elementary school is located less than 500 feet away. Middle and High Schools are available in Hilo, less than 3 miles away. County parks are available in Hilo. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 13 F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. Vlll. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue in low level agriculture or lay fallow. The applicants may eventually construct one dwelling on the site and may elect to do limited agricultural activity on a portion of the site. Given the urban (RS-7.5 and RS-10) character of the makai properties, the property may also be developed utilizing its existing RS-15 zoning. Then, too, given the Agriculture zoning of properties north and west of the subject site, a residential-agricultural subdivision would provide for a reasonable land use transition. From a long-term productivity standpoint, then, the proposed 10-lot subdivision would provide a heightened level of possibility in having the land used for a little more agricultural activity than a 25-lot residential project. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "C" or fair by the Land Study Bureau, representing fair agricultural potential. This is evidenced by the abandoned sugar cane on the site. It is thus maintained that the creation of the INot subdivision should foster and enhance, instead of remove this land from its more intensive future agricultural potential. C. Mitigative Measures The applicants intend to make extensive water improvements, which will be sufficient not only for the project but the other homeowners in 14 this area. Contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is an existing drainageway on the southern portion of the property. This will be taken into account in developing the subdivision. Furthermore, any and all required grading or grubbing work will be done in conjunction with the required grading/grubbing permits and/or approved Soil and Water Conservation District agricultural plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. Finally, no person or businesses will be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site will continue to remain in its fallow state. The site could also be sold to one who may be interested in farming the site or developing it pursuant to the existing RS-15 zoning. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing residential zoning. 2. Alternative Density Under this alternative, the applicants could seek a more intensive zoning, such as RS-10, RS-7.5, RA-2a or RA-.5a. All of these zoning categories would arguably be consistent with the adjoining RS-7.5 zoning on the makai side of the subject site. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of 15 agricultural activities, such as truck crops, in this area. Then, too, implementing the infrastructure conditions outlined in the RS-15 would not be feasible for a few lots. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. Specifically, it would provide for an orderly land use transition between the more intensive RS-7.5 zoning on the makai side and the A-20a and planned FA-5a zonings on the mauka and north side, respectively. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RA-1a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RA-1a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops. In so doing, the resultant project should add revenues to the County and State coffers. 16 I The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with intermittent farming operations. Any noise- generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a fruit or vegetable processing plant, as it would be more economical to send the products elsewhere. Only a small portion of the project area falls within any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites, and a "no historic properties affected" determination was made by the State DLNR- HPD. It was previously extensively cleared and actively cultivated with sugar cane. Nonetheless, work will cease if unanticipated archaeological remains are discovered while developing and/or using this property. Work will resume only after proper clearances from the State and/or County have been received. Being previously under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. 17 As the RA-1a zoning would allow a residence, the project will indirectly full the objectives of the housing element by creating additional lots. Although the total number of lots would be less than the original plan, this project would still provide lots while enhancing the site's agricultural potential. Furthermore, in implementing an affordable housing requirement, more housing opportunities should be created. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been and will be used in a manner where it blends with the rural ambience of the surrounding area. As the project site is more than a mile from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Kulana Kea Road is private and well-maintained leading up to the subject site. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan 18 designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment Agricultural land shall be used as one form of open space or green belt. Admittedly, the requested zoning is not specifically consistent with the Low Density Man designation of the LUPAG map. However, it is generally compatible with the surrounding area and does not foreclose an option in the future for more intensive development. There are RS-7.5 and RS-10 zoned properties proximate to the subject site, as well as A-20a. Thus, the requested RA-1a zoning would provide a good buffer between the larger agricultural lots and the urban sized lots. Although the soil of the site is classified "C" or fair, it does have agricultural potential, as evidenced by the abandoned sugar cane on the site. This request should thus encourage more intensive agricultural activities on the site. This lot size would be conducive for not only the applicants but make other lots available to one who wishes to do some subsistence fanning in a quasi-residential setting. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is RS-15. Should the RA-1a zoning be approved, the requirements of the zoning and subdivision codes 19 relative to lot size and use would be complied with. It should also be noted that Section 25-5-50 of the Zoning Code describes the Residential-Agricultural district as one which "provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the state land use rural or urban districts. This description is similar to the State Land Use standards for a Rural district, as outlined below. This request would meet that test both in terms of lot size (one-acre) and characteristics. This area is not characterized by "city-like" concentrations of people or structures. The "city-like" concentrations with the school and smaller lots are found immediate makai of the subject site. In this general area, the lots ranged between 3 to 15 acres. There are also some small, albeit not intensive farms, in this general area. D. State Land Use Rural Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationship to State Land Use Rural District Standards Chapter 205-2 (c), Hawaii Revised Statutes, states that "Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-6(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots...." 20 i Pursuant to that requirement, the State Land Use Commission's Rules outline the standards for determining the Rural district boundaries (Section 15-15-21). Their relationship to this request are noted as follows: a. Areas consisting of small farms The lots in this general area represent a mixture of land uses and land area. There are lots as small as 7,500 square feet to 15 acres. While there are some small farms - albeit not intensively cultivated - in this area, for the most parts, lots in this area are used more for residential than agricultural purposes. This may be due in part to a number of factors, such as lifestyle or economic. Nevertheless, aside from the urban type of lots on the makai side, most of the surrounding lot sizes - as would be the proposed 1+acre lots - however, would be conducive or suitable for small farms. There are a few small farms in this area, and there is a potential for more farms. Some of the proposed lots within this project could also provide that activity. In so doing, it would increase the overall number of small farms in this area and further this "small farm" objective. b. Low-density residential character This criterion or standard calls for "Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots." As noted earlier, the requested land area of 1+ acre would be consistent with this standard. Furthermore, this area is characterized by a mixture of lot sizes. There are low-density residential lots in this general area, with lots as small as 7,500 square feet. Then, too, there are somewhat larger lots (up to 15 acres) that 21 have the capability of being used more intensively for small farms. While the area makai of the subject site does have a "city-like" concentration of people or structures, it is still more of a "plantation camp" character rather than a typical urban subdivision. Thus, given the absence of "urban" characteristics and the presence of a few small farms plus the potential for more with this, this project would be consistent with this standard. C. Inclusion of contiguous parcels not suitable for low- density residential uses for small farm or agricultural uses This criterion is not really applicable. The rules read that the rural district boundary "may also include parcels of land which are surrounded by, or contiguous to this (rural) district, and are not suited to low-density residential uses for small farm or agricultural uses." This request, if approved, would be the first Rural designation in this area. As such, it would not be contiguous to or surrounded by other Rural districts. However, if approved, it could serve as the basis for other properties to be reclassified into this district. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than a mile from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously cleared, it 22 would not appear that there are any archaeological features within the area of the proposed improvements. A "no historic properties affected" determination of this site has been made by the State DLNR-HPD. Nonetheless, should there be any inadvertent finds during construction of the project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a rural-residential setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of a single-family dwelling on each of the respective lots. Further, the site is not readily visible from the old Mamalahoa Highway or the Belt Highway and thus any visual impact to the near or off shore waters as well as to slopes of Mauna Kea would be minimal, if at all. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over a mile from the ocean. Notwithstanding the distance, the nature of the project - residential/agricultural - and the construction of only ten (10) private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for small-scale agricultural farm lots in this area. Although initially limited to the applicants and their immediate families, this should nevertheless still provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RA-1a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the 23 public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. A sign would also be posted on the property, notifying the public of this application. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 24 APPENDIX A "NO HISTORIC PROPERTIES AFFECTED" DETERMINATION STATE DEPARTMENT OF LAND AND NATURAL RESOURCES - HISTORIC PRESERVATION DIVISION August 31, 2003 PETER T. YOUNG LIND A LINGLE GOVERNOR OFHAWAII DAN DAVIDSON ERNESTY.W. LAU OEPUTY OINEGTOR-WATER u4m. V~, AOIMTIC RE80U2CES BOATNG pNDOCEAN RECREATION STATE OF HAWAII GGREANGFGGN~ET N~EG COMMISSIONON WATER RESOURCE MANAGEMENT NGERVATIONTgN AND DEPARTMENT OF LAND AND NATURAL RESOURCES CO`GNMANDCOAS uwwG INEEURCES ENFORCEMENT ENGINEERING HISTORIC PRESERVATION DIVISION xlic PREsE~RYAnaE 'Mhtr+~ KAKUHIHEWA BUILDING, ROOM 555 KAXOOIAWEIeLAND RESERVE COMM18810N u 601 KAMOKILA BOULEVARD STALE PARKS KAPOLEI, HAWAII 96707 August 31, 2003 HAWATI HISTORIC PRESERVATION Log: 2003.1382 DIVISION REVIEW Doc:0309MM07 Applicant/Agency: Plant-Mason Family Trust Address: c/o Mr. Sidney Fuke, 100 Pauahi Street, Suite 212, Hilo, Hawaii, 96720 Project: 6E42 Review. State Land Use Boundary Amendment (SLU 03- 009) Agriculture to Urban, Change of Zone Application (REZ 03- 021),"A-20a and RS-It to RA-2a Location: Papaa-Kalepuna, South Hilo, Hawaii Island Tax Map Key: (3) 2-6-32:006 1. We believe there are no historic properties present: - x_a. intensive cultivation has altered the land b. residential development/urbanization has altered the land c. previous grubbing/grading has altered the land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other 2. This project has already gone through the historic preservation review process. a. mitigation has been completed b. other x_ Thus, we believe that "no historic properties will be affected" by this undertaking. Signed Date~c 3 ZOd 3 MaryAnne B. Maigret, Assistant Archaeologist Historic Preservation Division, Hawaii Island APPENDIX B DEPARTMENT OF PUBLIC WORKS' COMMENTS ON FORMER APPLICATIONS September 17, 2003 October 24, 2005 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 17, 2003 rj~ ,J_ ?J03 Sf.P 1~ R~1 tp 59 F'L/-,;ti ,;ENT CL;:. TO: Christopher J. Yuen, Planning Director epl FROM: -'v Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-021) STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 03-009) Applicant: Plant-Mason Family Trust Request: A-20a and RS-15 to RA-2a TMIK: 2-6-32:006 We have reviewed the subject application forwarded by your memo dated August 22, 2003 and offer the following comments for your consideration. Access to the subject development is via Kulana Kea Road (private - parcel 23) that has a 20' wide pavement (in good condition - circa 10100) within a 60' wide right-of-way. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG 04.14j04 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII • DATE: October 24, 2005 TO: Christopher J. Yuen, Planning Director FROM: eny Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-018) Applicant: Kulana Kea, LLC Request: A-20a & RS-15 to FA-5a Tax Map Key: 2-6-32:004 and 005 We have reviewed the subject application forwarded by your memo dated September 26, 2005 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency. Management Agency (FEMA). Zone X is an area determined to be outside the 50Q-year floodplain (may include areas with unknown flood or drainage hazards). Kulana Kea (60-ft wide) and Kauhi'ula (50-ft wide) Roads are under private ownership. For areas intended for agricultural use, the applicant should consult with th4atural Resources Conservation Service ,lyrmally known as the Soil Conservation Service. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG . CCS339 EX M131 APPENDIX C PLANNING DEPARTMENT and PLANNING COMMISSION'S REZONING RECOMMENDATION Kulana Kea, LLC (TMK: 2-6-32: 4 & 5) December 14, 2005 ~IN~Y OF y ~•h•O! Mr+' County of Hawaii PLANNING.CONMSSION Aupuni Center • 101 Pauahi Suee4 Suite 3 • Hilo, Hawaii 96720 December 14, 2005 Phone (808) 961-8288 • Fax (808) 961-8742 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Change of Zone Application (REZ 05-018) Applicant: Kulana Kea, LLC Request: A-20a and RS-15 to FA-5a Tax Map Key: 2-6-32:4 and 5 The Planning Commission at its duly held public hearing on December 2, 2005, reviewed and acted on the above-referenced application for a change of zone for the subject property. The Commission voted to recommend the approval of the application to the County Council subject to the following conditions: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. C. The applicant shall comply with the construction improvements and installation requirements, meeting with the approval of the Department of Water Supply, prior to Final Subdivision Approval. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. The preliminary subdivision shall show the location of all allowed driveway accesses on Kulana Kea Drive with an indication of available sight distance. The driveway accesses and sight distances shall be reviewed and approved by the Planning Director in consultation with the Department of Public Works. Hawat Y County is an Equal Opportunity Provider and Employer Mr. Sidney Fuke Page 2 F. All structures on the properties shall comply with the height limit for a Single- Family Residential (RS) zone. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. As agreed by the applicant, a restrictive covenant in the deed to the mauka-most lot shall require the landowner to consult with the owners of TMKs: 2-6-32: 13, 14 & 20, regarding the placement of any structures, before the submittal of plans for a building permit. I. The applicant shall establish drainage easements and maintain drainageways so as to direct water in a northerly direction away from Kulana Kea Road. The drainage easements shall follow the existing plantation system unless otherwise established by a conservation plan approved by the Soil and Water Conservation District. The applicant, its successors, and assigns shall maintain the drainage easements. The drainage easements shall be included in any preliminary subdivision map. I All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. M. Comply with all applicable County, State and Federal Laws, rules, regulations and requirements. Mr. Sidney Fuke Page 3 N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 0. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. This recommendation does not, however, sanction the specific plans submitted with the application as they maybe subject to change given specific code and regulatory requirements of the affected agencies. W. Sidney Fuke Page 4 Should you have any questions regarding the above, please contact Norman Hayashi of the Planning Department at 961-8288. Sincerely, red g..1oes, Chairman Planning Commission Lkulanakea0lPC cc: Department of Public Works Department of Water Supply Department of Land and Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Kulana Kea, LLC APPENDIX D TRAFFIC IMPACT ANALYSIS REPORT TMK: 2-6-32: 6 Prepared by - M& E Pacific, Inc. February 2006 Traffic Impact Analysis Report Wainaku Farms Subdivision Wainaku, Island of Hawaii, Hawaii Tax Map Key Number (3)2-6-032: 006 FEBRUARY 2006 Prepared for. William Plant-Mason P.O. Box 1667 Paso Robles, CA 93447 Prepared by. ME Pacific, Inc. METCALF&EDDY I AECOM Davies Pacific Center, 841 Bishop Street Suite 1900, Honolulu, Hawaii 96813 WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT Wainaku Farms Subdivision Wainaku, Island of Hawaii, Hawaii Traffic Impact Analysis Report TMK: (3)2-6-032: 006 February 2006 M Y LICENSED p PROFESSIONAL ENGINEER * NO. 3893-C ~~~A I I, ~5A Expiration Date: April 30, 2006 This work was prepared by me or under my direct supervision. Signature Date M & E Pacific, Inc. METCALF&EDDY IAECOM M & E PACIFIC, INC. PAGE 1 60004241.00300 February 2006 Wainaku Farms TIAR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT Table of Contents SECTION PAGE Engineer's Stamp and Signature i Table of Contents ii List o Figures III List o Tables III Project Description ........................................................................................................1 Existing Conditions .......................................................................................................1 Existing Roadways ................................................................................................1 Traffic Volumes .....................................................................................................2 Traffic Forecasts ............................................................................................................3 Ambient Traffic Forecast .......................................................................................3 Project Generated Traffic ......................................................................................4 Total Forecast Volumes ........................................................................................5 Level of Service Analysis ..............................................................................................6 Conclusions ...................................................................................................................8 References j i Figures j Tables Appendices Appendix A: Traffic Turning Movement Counts Appendix B: Unsignalized Intersection Level of Service (LOS) Calculations r 1 i f(I i M & E PACIFIC, INC. PAGE I! 60D04241.00300 February 2006 Wainaku Farms TIAR.doc ; WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT List of Figures FIGURE NUMBER TITLE Figure 1 Location Map Figure 2 2006 Existing Traffic Volumes Figure 3 Daily Traffic Volumes on Mamalahoa Highway and Waianuenue Avenue Figure 4 2009 Ambient Traffic Forecast Figure 5 Project Generated Traffic Assignment Figure 6 2009 Total with Project Forecast List of Tables TABLE NUMBER TITLE Table 1 Trip Generation and Distribution Analysis Table 2 Unsignalized Intersection Level of Service Analysis M & E PACIFIC, INC. PAGE M 60004241.00300 February 2006 Wainaku Fanns TIAR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT TRAFFIC IMPACT ANALYSIS forthe WAINAKU FARMS SUBDIVISION A residential subdivision is being proposed in Wainaku, Hawai'i. This report documents a study that was conducted to identify the traffic impacts of the proposed project and to recommend any mitigating measures. PROJECT DESCRIPTION William Plant-Mason proposes to develop the Wainaku Farms, a residential subdivision in Wainaku, Hawai'i. The proposed project would consist of ten lots on a 14+ acre portion of a larger parcel identified as TMK: (3)2-6-032: 006. Individual lots would be offered for sale and the buyers would build their own homes. Full occupancy of the proposed project is expected by 2008 to 2009. The proposed project site is situated mauka of the Ha'aheo School but will not have access to Ha'aheo Road. Access to the site would be via Kulana Kea Drive and Wainaku Street, as shown on Figure 1. Future subdivision residents could travel north on Wainaku Street a short distance to the Mamalahoa Highway, or travel south on Wainaku Street to Hilo. The two intersections analyzed for this study included the intersections on Wainaku Street with Kulana Kea Drive and with Mamalahoa Highway. I EXISTING CONDITIONS A survey of the existing roadway and traffic conditions was made in February 2006. Existing Roadways Local access to the proposed project site is via Kulana Kea Drive, a two-lane private road. Kulana Kea Drive intersects Wainaku Street at a stop sign controlled approach north of the Ha'aheo Street intersection. Wainaku Street is a two-lane County roadway running mauka of and parallel to Mamalahoa Highway, with a posted speed limit of 25 M & E PACIFIC, INC. PAGE 1 60004241.00300 February 2006 Wainaku Fars TIARA= WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT miles per hour (mph). The north terminus of Wainaku Street is at Mamalahoa Highway a short distance north of the Kulana Kea Drive intersection, while the south terminus is at the Wailuku River. Mamalahoa Highway (State Highway 19) is the primary arterial roadway in the area with a posted speed limit of 35 miles per hour (mph). Highway Route 19 is part of the northern section of the circle island route around the Island of Hawaii. It is a two-lane highway that widens to four lanes from just north of the Hau Lane intersection to Hilo town. Traffic Volumes Traffic turning movement counts were taken at the two study intersections during the morning and afternoon peak periods on Wednesday, February 8, 2006. Traffic turning movement counts require a traffic surveyor to observe traffic flow and record the movements of each vehicle crossing the intersection as through or turning movements by 15 minute intervals. The worksheets from these traffic counts are included in Appendix A. The resultant morning (AM) and afternoon (PM) peak hour traffic volumes are shown on Figure 2. The volumes are rounded to the nearest five vehicles per hour (vph), except for volumes less than 10 vph. The dominant direction of traffic in the morning peak hour is southbound on both Wainaku Street and Mamalahoa Highway. During the afternoon peak hour, the northbound traffic on the highway is higher while traffic volumes on Wainaku Street are about the same in both directions. The traffic volumes at the Kulana Kea Drive/Wainaku Street intersection can be characterized as "light". At the Wainaku Street/Mamalahoa Highway intersection, there are none or very few outbound right turns from Wainaku Street and inbound left turns from Mamalahoa Highway. This would indicate that project generated trips to and from the south would utilize Wainaku Street. M & E PACIFIC, INC. PAGE 2 60004241.00300 February 2006 Wainaku Farms TIAR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT The State Department of Transportation (State DOT) takes metered traffic counts at selected locations on Hawaii roadways in even numbered years. The closest station is 18-JM at the Mamalahoa (Bayfront) Highway/Waianuenue Avenue intersection. The data from these counts provides the historic trend in daily traffic volumes on different legs of the intersections over a six year period ending in 2002. The bi-annual changes in daily traffic volumes at the intersection are shown in tabular and graph form on Figure 3. Mamalahoa Highway showed a 7% decrease in traffic volumes over the six year period while Waianuenue Avenue increased 12%. TRAFFIC FORECASTS The proposed project is expected to be fully occupied by 2008 or 2009. For the purposes of this study, the latter year was used for analysis. During the three-year period from the traffic count date to expected occupancy, ambient traffic on the area roadways can be expected to increase due to regional growth and new projects in the area. The traffic that would be generated from the proposed project was added to the ambient traffic forecast to obtain the total with project traffic forecast. Ambient Traffic Forecast There are no major development or construction projects planned in the immediate area. Regional growth is occurring from infilling of the vacant lots in the area. Ambient traffic on the study area roadways will increase due to regional growth in adjoining areas. Therefore, the traffic growth indicated by the State DOT traffic volumes was used as the index of regional traffic growth to 2009. Since traffic on Mamalahoa Highway showed a decrease, a 1 % annual growth rate was used for the highway while the 2% annual growth rate for Waianuenue Avenue was used for Wainaku Street. No growth was assumed for Kulana Kea Drive. Based on these assumptions the following growth rates were established for the three-year forecast period: • Mamalahoa Highway-3%; • Wainaku Street - 6%; and • Kulana Kea Drive - 0%. M & E PACIFIC, INC. PAGE 3 60004241.00300 February 2006 Wainaku Farms TIAR.doo I WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT The existing traffic volumes at the two study intersections on Figure 3 were increased using the above factors. The results are summarized on Figure 4, with volumes rounded to the nearest five vph, except for volumes less than 10 vph. Proiect Generated Traffic The traditional three-step process of trip generation, trip distribution and trip assignment was used to forecast future traffic that would be generated by the proposed project. The trip generation step forecasts the number of new trips that would be produced in each of the two study periods. The trip distribution step allocates these new trips by direction of travel. Finally, the trip assignment step assigns the trips to the specific turning movements at the study intersections. The trip generation and distribution analyses are summarized on Table 1. The trip generation step forecasts the volume of vehicle trips that would be generated by the proposed project during the morning and afternoon peak periods. The Institute of Transportation Engineers' Trip Generation (Seventh Edition, 2003) report has trip generation equations or rates to calculate the number of morning and afternoon peak hour trips that would be generated by various land uses. The proposed residential lots were assumed to have one single family dwelling unit on each lot. The following trip generation equations for Single Family Dwelling (Land Use 210) were utilized: AM Peak Hour - T = 0.7(X) + 9.43; PM Peak Hour - Ln(T) = 0.9Ln(X) + 0.53; Where, T = Trips generated by residential units, and X = Number of residential units. M & E PACIFIC, INC. PAGE 4 60004241.00300 February 2006 Wainaku Farms TIAR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT The ten single family units are expected to generate 16 morning and 13 afternoon peak hour trips, respectively. These are relatively small volumes of hourly trips. The Trip Generation report also provides the percentage of inbound and outbound trips for each land use in each peak hour. The number of generated trips was divided into inbound and outbound trips based on the information from the report, as shown on Table 1. The proposed project would generate 12 outbound and 4 inbound trips in the morning peak hour, and 9 inbound and 4 outbound trips in the afternoon peak hour. The project generated trips were then distributed by direction of travel to and from the project site. The distribution of trips was determined from the proportion of trips counted at the two study intersections. Therefore, it was assumed that 75% of the generated trips would be to/from the south in the morning peak, and 67% of the afternoon peak. The results of the trip distribution analysis are shown on Table 1. Due to the small number of trips involved, the volumes may not add up to the total number of generated trips due to rounding. The project generated traffic volumes were assigned to the study area network. The trips to and from the south were assigned to the south leg of Wainaku Street, while all trips to and from the north were assigned to Mamalahoa Highway, as was observed in the traffic counts. The results of the traffic assignment analysis are shown on Figure 5 with the volumes not rounded. Total Forecast Volumes The project generated traffic assignment volumes from Figure 5 were added to the 2009 ambient traffic forecasts from Figure 4 to obtain the 2009 total with project traffic forecasts shown on Figure 6. The traffic volumes are rounded to the nearest five vph except for volumes less than 10 vph. i Ii III M & E PACIFIC, INC. PAGE 5 60004241.00300 February 2006 Wainaku Fanns TIARA= WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT LEVEL OF SERVICE ANALYSIS The concept of level of service is used to quantify the quality of traffic flow on roadway facilities. The Transportation Research Board (TRB) has developed procedures to calculate level of service value(s) by measuring traffic volumes against the capacities of different types of roadway facilities. Their Highway Capacity Manual 2000 (HCM2000) describes the various procedures developed for freeways, highways, signalized and unsignalized intersections, etc. The two study intersections are unsignalized. The procedure used for analyzing unsignalized intersections calculates vehicle delays and levels of service based on the distribution of gaps in traffic on the major street and driver judgment in selecting gaps through which to execute turns. For two-way stop intersections where only the minor street traffic is controlled by a stop sign, levels of service are calculated for the critical turning movements including outbound movements from the stop-controlled approach, and left turns from the major street to the minor street. The procedure does not calculate an overall intersection level of service. The Highway Capacity Manual defines the relationship between level of service and delay (in seconds/vehicle) for unsignalized intersections as shown below: LEVEL OF DELAY SERVICE (Seconds/Vehicle) A < 10.0 B 10.1 to 15.0 C 15.1 to 25.0 D 25.1 to 35.0 E 35.1 to 50.0 F > 50.1 Levels of service A to E are considered acceptable for unsignalized intersections. Level of service F (with average delays longer than 50 seconds) is considered undesirable for unsignalized intersections and would indicate the possible need for mitigation. Level of M & E PACIFIC, INC. PAGE 6 60004241.00300 February 2006 Wainaku Farms TWR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT service F conditions could be tolerated if the delays are not much higher than 60 seconds, traffic queues are short, and there are no reasonable mitigating measures available. Table 2 summarizes the unsignalized intersection level of service analysis. For each of the two study periods, the existing, 2009 ambient forecast and 2009 total with project forecast levels of service are placed side by side to facilitate a comparison of levels of service for the different forecast scenarios to give an indication of the traffic impacts of ambient traffic growth and the proposed project. The level of service calculations are provided in Appendix B. The Kulana Kea Drive approach to Wainaku Street is currently operating at level of service A in both peak hours due to the light traffic volumes. They are forecast to remain at the same levels for the ambient and total with project forecast conditions due to the small increases in traffic caused by ambient traffic growth and project generated traffic. This result indicates very acceptable traffic operations forecast for this intersection during both peak hours. The left turn outbound movement from Wainaku Street onto Mamalahoa Highway is currently operating at level of service E in both peak hours. It is forecast to remain at the same level of service in the morning peak hours for both forecast scenarios. The afternoon level of service is forecast to change to F for both forecast scenarios. The average afternoon delay forecasts of 50.3 and 51.6 seconds are just over the 50.1 second threshold for level of service F. The low volumes of vehicles forecast for this movement would create traffic queues of only one vehicle. There are also no reasonable measures to adequately mitigate this future condition. Therefore, the forecast level of service F condition could be tolerated in the future. The northbound left turn from the highway is currently at level of service B in the morning peak and level of service A in the afternoon peak. These levels of service would remain unchanged for their respective ambient and total with project forecasts for M & E PACIFIC, INC. PAGE 7 60004241.00300 February 2006 Wainaku Farms TIAR.doc WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT both peak periods. This result indicates that this movement would not be adversely affected by ambient traffic growth and traffic generated by the proposed projects. The above analyses indicate that both intersections could operate under stop sign control in the future with the proposed project. The outbound left turn movement at Mamalahoa Highway would be operating at level of service F in the afternoon peak periods, but this condition could be tolerated. CONCLUSIONS The proposed project is not expected to have an adverse traffic impact on the two study intersections in the vicinity of the project site. The two unsignalized intersections could operate under stop sign control with the outbound left turn movement from the Wainaku Street approach operating at undesirable but tolerable levels of service in the afternoon peak periods. M 8. E PACIFIC, INC. PAGE 8 69004241.00300 February 2006 Wainaku Fanns TIAR.doc References WAINAKU FARMS SUBDIVISION TRAFFIC IMPACT ANALYSIS REPORT References 1. Highway Capacity Manual, Transportation Research Board, National Research Council, Washington, D.C., 2000 Edition. 2. Highway Capacity Analysis Program, Version 1, Catalina Engineering, Inc., 2003. 3. Trip Generation, Institute of Transportation Engineers, Seventh Edition, 2003. M & E PACIFIC, INC. PAGE Ref-1 60004241.00300 February 2006 Wainaku Farms TIAR.doc Figures STATE OF HAWAII N wwu Qwwa A ~ C~(~I(eLl ~Crx w"'OaU N xaM r° ueuaouwc T °n orroen~ ay eueui i PROJECT LOCATION i / Cemetery M/hIN-X01N ~ i ~ ^J \ wee varu ~~uarv, w~ rxw--' \ ~ eWDU eCBdN STUDY )NTERSEC DNS ISLAM OF HAWAI VICINITY MAP I by \ NOT TO SCALE All 8' °p Ay e ~ B Waina u Hoaheo Farms ~ 5lhm e ° ~O r° k t t P A C I F I C O C 6 A N ~ I ri 1 ~ I ~ ' I I" a Ln ek I j PROJECT v e - - LOCATION h. m•" ; ~ s x LOCATION MAP ME Pacific, Inc. NOT TO SCALE METCALF& EDDY I AECOM E DAMES PACIFIC CTR STE 1900 841 BISHOP ST, HONOLULU, HAWAII W813 3 a Figure 1 Location Map Traffic Impact Analysis Report d Walrraku Farms Subdivision ? February 2006 KULANA KEA DRIVE Northbound TO HONOKAA-~ 0) Ch t 1 +-i L+ 85 WAINAKU ROAD 5 1 20 0 0 Southbound M t 70 'f- TO HILO +j L+ . 850 1 l 495 MAMALAHOA HIGHWAY AM PEAK HOUR KULANA KEA DRIVE Northbound TO HONOKAA-? t 3 L. 40 WAINAKU ROAD 2 ? 40 L0 Southbound CO t 35 TO HILO f L+ ~ 560 0 1 805 + MAMALAHOA HIGHWAY ' PM PEAK HOUR Not to scale 2006 EXISTING TRAFFIC VOLUMES FIGURE 2 I i W n z W = Q C\l a~ o w r Ir z a W Q E 3 Q ? f T C z O Q c Q Z C-) Z co W o= a d 0 d 0 to t J a N O to Q 7 CQ BOO to F Q R > 'm co co r~ $ W C_7 Q LL o = Lr) W U) O v) q C\l UUJJ ~ 0 0 d Z Q Q-' E LO r- (0 cc ca 3 o r = rn li z w rn rn 0 0° f Q U to oo~~aa N O U O Q LL. 0 Q 0 z E O E J w a ~ 0 co rn ..1 z O > > D U LL U. 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 0 F O W f0 V' N O OD (O N r r r r J sawn-ion ow:j ".l k-nda a 0 KULANA KEA DRIVE Northbound TO HONOKAA-? 0• co t 1 .j L+ - 90 WAINAKU ROAD 5 ? 25 o ° Southbound ro L 75 TO HILO «j L+ 875 1 S 510 MAMALAHOA HIGHWAY AM PEAK HOUR KULANA KEA DRIVE Northbound TO HONOKAA--0 t 3 L4 45 WAINAKU ROAD 2 J 40 Southbound co L 35 TO HILO «j ti 580 0 J 830 MAMALAHOA HIGHWAY PM PEAK HOUR Not to scale 2009 AMBIENT TRAFFIC FORECAST FIGURE 4 KULANA KEA DRIVE Northbound TO HONOKAA-0 t 1 L+ WAINAKU ROAD 3 J m Southbound t 1 4- TO HILO L' MAMALAHOA HIGHWAY AM PEAK HOUR KULANA KEA DRIVE Northbound TO HONOKAA-? co Cq t 3 WAINAKU ROAD 6 1 N Southbound L 3 TO HILO 4 MAMALAHOA HIGHWAY PM PEAK HOUR Not to scale PROJECT GENERATED TRAFFIC ASSIGNMENT FIGURE 5 KULANA KEA DRIVE Northbound TO HONOKAA- 0 O ~ N t 2 4 ~ 90 WAINAKU ROAD 8 J 25 o 'n Southbound M t 75 t--- TO HILO 875 1 S 510 MAMALAHOA HIGHWAY AM PEAK HOUR KULANA KEA DRIVE Northbound TO HONOKAA-? O• Ce t 6 «j `4 45 WAINAKU ROAD 10 1 40 ~ o Southbound t 40 f- TO HILO «j Lr ~ 580 0 1 830 I MAMALAHOA HIGHWAY PM PEAK HOUR Not to scale 2009 TOTAL WITH PROJECT FORECAST l FIGURE 6 Tables TABLE 1 TRIP GENERATION AND DISTRIBUTION ANALYSIS AM TRIP GENERATION AM TRIP DISTRIBUTION 10 single family units (L'U 210, SF DU) Direction j pa North South Trios Entering Exitin 25% 75% T = 0.70(X) + 9.43 25% 75% Entering 4 1 3 T = 16 4 12 Exiting 12 3 9 PM TRIP GENERATION PM TRIP DISTRIBUTION Direction I pg North South Trips Entering Exiting 33% 67% Ln(T) = 0.90Ln(X) + 0.53 63% 37% Entering 9 3 6 T= 2.602 13 9 5 Exiting 5 2 3 TABLE 2 UNSIGNALIZED INTERSECTION LEVEL OF SERVICE ANALYSIS LEVEL OF SERVICE AND DELAY(FOR LOS F) INTERSECTION AM PEAK HOUR PM PEAK HOUR Approach and Movement 2006 2008 2006 2008 EXIST AMB TOTAL EXIST AMB TOTAL KULANA KEA DRIVE @ WAINAKU ST Kulana Kea Dr EB RT,LT A A A A A A Wainaku St NB LT A A A A A A WAINAKU ST @ MAMALAHOA HIGHWAY Wainaku St EB RT - - - B B B Wainaku St EB LT E E E E F(50.3) F(51.6) Mamalahoa Hwy NB LT B B B A A A LEGEND: NB - Northbound RT - Right Turn W B - Westbound LT - Left Turn Appendix A Traffic Turning Movement Counts TRAFFIC TURNING MOVEMENT COUNT WAINAKU FARMS Mamalahoa Highway (Hawaii Belt Roady MAMALAHOA HIGHWAY LOCATION: Wainaku Drive (HAWAII BELT ROAD) DATE: February 8, 2006, Wednesday 1 - ~ 6 TIME: 6:30a-8:30a / 3:30p-5:30p 2 Z F 5 WEATHER: Clear ti r» RECORDER: Carole Darby To Kona 3 4 To Hilo WAINAKU DRIVE TIME MOVEMENT NUMBER PERIOD 1 2 3 4 5 6 TOTAL 6:30-6:45a 135 9 4 0 1 106 255 6:45-7:00a 156 12 5 0 0 115 288 7:00-7:15a 187 13 4 2 0 97 303 7:15-7:30a 197 14 8 0 0 98 317 7:30-7:45a 253 30 8 0 0 155 446 7:45-8:OOa 193, 23 9 0 0 131 356 8:00-8:15a 206 5 3 0 1 111 326 8:15-8:30a 145 8 7 0 0 112 272 6:30-8:30a 1472 114 48 2 2 925 2563 7:15-8:15a 849 72 28 0 1 495 1445 PHF 0.81 0.80 3:30-3:45p 162 9 7 0 0 168 346 3:45-4:OOp 162 7 5 0 0 155 329 4:00-4:15p 174 11 9 3 1 176 374 4:15-4:30p 139 8 7 2 1 177 334 4:30-4:45p 162 16 12 2 0 208 394 4:45-5:O0p 124 10 8 1 0 186 329 5:00-5:15p 156 9 7 0 0 202 374 5:15-5:30 r133 4 8 1 0 208 340 3:30-5:30p 8 63 9 2 1480 2820 4:30-5:30p 35 4 0 804 1437 PHF 0.97 TRAFFIC TURNING MOVEMENT COUNT WAINAKU FARMS LOCATION: Wainaku Drive/Kulana Kea Drive WAINAKU DRIVE DATE: February 8, 2006, Wednesday 1 - ~ 6 TIME: 6:30a-8:30a / 3:30p-5:30p 2 1 r 5 WEATHER: FairNery Windy ti r RECORDER: Yvonne Dupree To Kona 3 4 To Hilo KULANA KEA DRIVE TIME MOVEMENT NUMBER PERIOD 1 2 3 4 5 6 TOTAL 6:30-6:45a 7 3 2 3 4 3 22 6:45-7:00a 16 0 0 1 1 5 23 7:00-7:15a 15 0 2 2 2 3 24 7:15-7:301 12 0 0 3 1 7 23 7:30-7:45a 31 1 1 2 0 5 40 7:45-8:00a 27 0 0 2 2 7 38 8:00-8:15a 9 0 0 0 1 5 15 8:15-8:30a 7 1 0 2 1 10 21 6:30-8:30a 124 5 5 15 12 45 206 7:00-8:00a 85 1 3 9 5 22 125 PHF 0.67 0.61 3:30-3:45p 8 2 0 3 1 6 20 3:45-4:00p 14 1 0 0 1 8 24 4:00-4:15p 7 2 0 0 3 2 14 4:15-4:30p 13 1 0 1 0 13 28 4:30-4:45p 6 2 0 0 1 12 21 4:45-5:00p 11 0 1 3 1 7 23 5:00-5:15p 12 0 0 2 0 6 20 5:15-5:30 6 0 0 1 1 12 20 3:30-5:30p 77 8 1 10 8 66 170 4:15-5:15p 42 3 1 6 2 38 92 PHF 0.94 0.77 I I Appendix B Unsignalized Intersection Level of Service (LOS) Calculations oe E "a O-M. 0 a a g ~ x c M-LL Y a m ~X ~ 3~ ~ rn z wl oY w FTIT A~ r P m gp V V O 4 ~Y N F y~ m m 6 s g FS m I u a r a m E TO g ~ ~ a a~ r o still I'll I 1 5 m o o S xe i m 5 S 3 ~ ~ I w g, ~ v v O p ~ ~ ~ h w m a r ~I ti- z H zz~~ ~ 3~ ggg a F e 3 Y v 3 @ y y ~ m m u"1 c p~ 8, 4/ v ~ y 1-~ fr d m Y O ~ le 22 IY m ~ w a ~a z€ < ryI m ° ~ ~ @ry s v a a ~ ~g n a. e, i 9g c5 # q N N °d9 se m ~ 8 0 n y 94 ¢ ~ {Q p1 y <z<3~ 3 3 ~ - ~ P 1° ct R ~ r m~ r 5 'v v P P ~ 3r2 ~ a m e• ~ 4 F X9595 mm_Vm jig, < = o ~ g a < i 0 5 r 3 S. d, ~ ~ ~ e a n r F Q ~ v v x o M ~ 9 y~ ~ E~ w^ y q 19 QQ a - E r ~~~~N ~ ~ P s mL ru - - w o < < s g ~ am z ^ @ jg v v a m b° r a of ~ @ $ S B i Q U m N m C C N ^ N JC ~ 4 0. 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IN e F ~ ~ o a s E e e~ °a yp e m C e ^ 3 ~ so g a e o ~ v ti ~ ~ ~ m e m ~ m a 6 = S pp K Z s' sal ~I E m z ~ 3 3 ~ xg ° c `o Cdr' 8 a a N m m$ ° y a ~~ma s I I ~ ~ oa. a ~ o ~ e ~ o 02 w APPENDIX E DEPARTMENT OF WATER SUPPLY'S COMMENTS ON WATER REQUIREMENTS January 13, 2006 • 61 M4rfp 19 :1 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`1 o6yt~e/9RN\,\\a,+! 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 13, 2006 Mr. William E. Plant-Mason P.O. Box 1667 Paso Robles, CA 93447 SUBDIVISION APPLICATION NO. 05-000135 TAX MAP KEY 2-6-032:006 This is to acknowledge receipt of the required $1,350.00, water commitment deposit for the subject application. We are enclosing Receipt No. 246958 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed development in the amount of 5,400 gallons per day, or 9 additional units of water at 600 gallons per day, per unit, is hereby granted until January 31, 2009, with the following conditions: I. Construct necessary water system improvements, which shall include, but not be limited to: a. offsite extension of the existing 8-inch watermain along Kulana Kea Drive approximately 2,900 feet from the water tank on Tax Map Key 2-6-032:025 to the intersection of Kaiwil i Road and Kulana Kea Drive, b. offite water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches from the existing 8-inch waterline along Kulana Kea Road and extending approximately 240 lineal feet along Road A and Road B into each hammerhead tum-around, c. service laterals that will accommodate 5/8 sized meters to each additional lot, d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and e. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. Water briny rrogre63... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410.Orcall (2021720-5964 (voice and Toot Mr. William E. Plant Mason Page 2 January 13, 2006 2. Remit the prevailing facilities charge balance, which is subject to change, of $48,150.00, as shown below: FACILITIES CHARGE FQ: 1 existing service 9 additional units @ $5,500.00/unit $49,500.00 WATER COMMITMENT CREDIT: 9 additional units n $150.00 paid one time - 1350.00 FC Balance $48,150.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawai'i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. S' er yours, Milt D Pavao, P.E. M er WA:sco Enc. copy - Planning Department fMr. Sidney Fuke DWS Customer Service Section (Hilo) COUNTY OF HAWAII STATE OF HAWAII BILL NO. 351 96 151 ` ORDINANCE NO. ANDRDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PAPAA - HALEPUNA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-12:PORTION OF 4 and 2-6-l' ):PORTION OF 7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII; SECTION 1. The State Land Use Boundaries Map, H-66 for the County of Hawaii, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Papaa - Halepuna, South Hilo, Hawaii, shall be Urban: Beginning at the northeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,449.50 feet North and 664.80 feet East, thence running by azimuths measured clockwise from True South: 1. 1 ° 00' 818.00 feet along the remainders of R.P. 1984, L.C. Aw. 190 to A. Ragsdale and Grant 2977 to Maa; 2. 100° 00' 240.00 feet along the remainder of Grant 2977 to Maa; 3. 126° 00' 245.00 feet along the remainders of Grant 2977 to Maa and Grant 2975 to Kekaula; 4. 113° 00' 110.00 feet along the remainder of Grant 2975 to Kekaula; EXHIBIT 5. 91 ° 00' 60.00 feet along same; 6. 67° 00' 215.00 feet along same; 7. 97° 24' 81.43 feet along same; 8. 171 ° 00' 553.00 feet along same; 9. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 221° 00' 45.96 feet; 10. Thence along the remainders of Grant 2975 to Kekaula and R.P. 1984, L.C. Aw. 190 to A. Ragsdale on a curve to the left with a radius of 520.00 feet, the chord azimuth and distance being: 261 ° 00' 180.59 feet; 11. 251 ° 00' 150.00 feet along the remainder of R.P. 1984, L.C. Aw. 190 to A. Ragsdale; 12. Thence along same on a curve to the right with a radius of 850.00 feet, the chord azimuth and distance being: 2640 45.' 404.07 feet; 13. 278° 30' 225.00 feet along same to the point of beginning and containing an Area of 14.690 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMB R, COUNT • F HAWAII Hilo, Hawaii Date of Introduction: November 6, 1996 Date of 1st Reading: Dbvenber 6, 1996 Date of 2nd Reading: Novenber 21, 1996 Effective Date: December 5, 1996 REFERENCE: Comm: 1406 APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL DATED: ll~ZG ~9 L -r OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii GG G. Ej 5 i it 3 G3 i$OLL CALL VOTE ':AYES:- 'NOES ABS EX Introduced By: Takashi Domingo Arakaki X Date Introduced: November 6, 1996 Easley X First Reading: Navember 6. 1996 Childs Published: N/A R De Lima X REMARKS: Domino X Osorio x Van De Car Ray X Smith x 9 0 0 0 ROLL CALL VOTE Second Reading: Novenber 21, 1996 AYES NOES ABS EX To Mayor: Navenber 25, 1996 Returned: December 5, 1996 Aralcaki X Effective: December 5, 1996 Faslay R Published December 13, 1996 Childs x De Lima X REMARKS: Domingo X Osorio X Van De Car X Ray X Smith x 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. C CIL CHAIRMAN i G N,6~G COUNTY CLERK Approved/ this S day of 19 OR, COUNTY HAWAII Bill No.: 351 Refermce: C-1406/PC-164 Ord No.: TRUE NORTH - volmommmammm" kak: t' _ too, ~ 1 i r ' A621CULfU[AL r ' r ' ' i I AGRICULTURAL I TO URBAN I AREA: 14.690 ACRES 1 i l r ~ ACR I C UL rURAL r r ~ 1 ~ r i 10.449.50 N URDAN 664.80 E ACRICULrU[AL AC91CULiURAL "HALA]" 1 J URDAN a a Naaheo < School a URDAN <Y ROAD A691CULIURAL W'41 U 0 URDAN 111 z x Q = STREET ' D x D ~ V -Zi I I r r I ACRICULfURAL a a,'ou U[PAN II ! URDAN Ta P Ta Hilo HAWAII RO P ROAN BELT CON56ty At1~N UtOAN AMENDMENT TO THE STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66, FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PAPAA-HALEPUNA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK 2-6-12:POR. OF 4 & 2-6-13:POR OF 7 SEPTEMBER 5. 1996 EXHIBIT "A" (PL NING NREcanl {~z OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii - r. r r n r n L,lu v I-11 J i.U (DRAFT 2 } - _ - - , , jROLL CALL VOTE AYES NOES ABS EX Introduced By: Takashi. Domingo Arakaki X Date Introduced: November 6, 1996 Fade X First Reading: Nnyen ar 6, 1946 Childs x Published: Novenber 15, 1996 De Liao REMARKS: Domino X Osorio X Van De Car x Ray Smith x 9 0 0 ROLL CALL VOTE Second Reading: November 21. 1996 AYES NOES ABS EX To Mayor: November 25, 1996 Returned: December 5. 1996 FaArakaki ll X Effective: December 5, 1996 Fade= X Published December 13, 1996 Childs X De Lima X REMARKS: Domino X Osorio X Van De Car X Ray X Smith x 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Co 1rL CHArRM ~ AN COUNTY CLERK Approved/ ed this day ed,, of .19 9C OR, COUNTY O WAII Bill No.: 352 (DRAFT 2) Reference: C-1406/PC-165 Ord No.: v COUNTY OF HAWAII STATE OF HAWAII BILL NO. 352 (Draft 2) ORDINANCE NO. 96 152 AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU - ONOMEA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PAPAA - HALEPUNA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-12:PORTION OF 4 AND 2-6-13:PORTION OF 7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Papaa - Halepuna, South Hilo, Hawaii, shall be Single Family Residential (RS-15): Beginning at the northeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 10,449.50 feet North and 664.80 feet East, thence running by azimuths measured clockwise from True South: 1. 1 ° 00' 818.00 feet along the remainders of R.P. 1984, L.C. Aw. 190 to A. Ragsdale and Grant 2977 to Maa; 2. 100° 00' 240.00 feet along the remainder of Grant 2977 to Maa; 3. 126° 00' 245.00 feet along the remainders of Grant 2977 to Maa and Grant 2975 to Kekaula; 4. 1130 00' 110.00 feet along the remainder of Grant 2975 to Kekaula; 5. 91 ° 00' 60.00 feet along same; 6. 67° 00' 215.00 feet along same; 7. 97° 24' 81.43 feet along same; 8. 171° 00' 553.00 feet along same; . 9. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 221 ° 00' 45.96 feet; 10. Thence along the remainders of Grant 2975 to Kekaula and R.P. 1984, L.C. Aw. 190 to A. Ragsdale on a curve to the left with a radius of 520.00 feet, the chord azimuth and distance being: 261° 00' 180.59 feet; 11. 251 ° 00' 150.00 feet along the remainder of R.P. 1984, L.C. Aw. 190 to A. Ragsdale; - 12. Thence along same on a curve to the right with a radius of 850.00 feet, the chord azimuth and distance being: 2640 45' 404.07 feet; 13. 2780 30' 225.00 feet along same to the point of beginning and containing an Area of 14.690 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The landowner, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted by the landowner to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy". C. The landowner shall provide all on-site and off-site water system improvements as may be required, and shall be constructed meeting with the approval of the Department of Water Supply. D. Final Subdivision Approval for the proposed residential subdivision within the subject property shall be secured by the landowner from the Planning Director within five (5) years from the effective date of this ordinance. E. In conjunction with the Subdivision review and approval process for the subject property, the realigned and proposed County dedicable 60-foot wide collector roadway from the Old Mamalahoa Highway to the subject property shall be constructed by the landowner meeting with the approval of the Department of Public Works. In addition, intersection improvements at the access road and Old Mamalahoa Highway shall be constructed by the landowner meeting with the approval of the Department of Public Works. F. In conjunction with the Subdivision review and approval process for the subject property, driveway accesses and interior subdivision roadways within the subject property shall be constructed by the landowner meeting with the approval of the Department of Public Works. -3- G. In conjunction with the submittal of subdivision plans for the subject property, a revised Traffic Impact Analysis Report which includes mitigating intersection roadway improvements, if applicable, shall be submitted by the landowner for review and approval to the State Department of Transportation. Prior to the occupancy of the first residential house within the subject property, the landowner shall be responsible for any traffic mitigation measures required by the Traffic Impact Analysis Report for the development within the subject property. H. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the landowner shall secure the concurrence of the Office of Housing and Community Development that the landowner's affordable housing requirements, if any, have been mutually agreed to prior to Final Subdivision Approval. 1. The landowner shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is developed in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution may be in a form of cash, land, facilities or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $3,748.31 per single-family residential lot. Based on the landowner's representation of intent to subdivide up to 25 residential lots. -4- the indicated total fair share contribution is S93,707.75. However, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition I. The fair share contribution shall be allocated as follows: 1. $168.40 per single-family residential lot, for an indicated total of 54,210.00 to the County to support police facilities; 2. $332.61 per single-family residential lot, for an indicated total of $8,315.25 to the County to support fire facilities; 3. $145.62 per single-family residential lot, for an indicated total of S3,640.50 to the County to support solid waste facilities; 4. $3,101.68 per single-family residential lot, for an indicated total of $77,542.00 to the County to support road and traffic improvements; The fair share contribution described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the landowner may construct and contribute land, improvements/facilities related to fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development with the approval of the Planning Director. The cost of constructing the improvements and the fair market value of any land required in Conditions E and G, shall be credited against the sum specified in Condition I(4) for road and traffic improvements. For the purposes of administering Condition I, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies. J. In lieu of actual construction of infrastructural improvements as conditioned above, the landowner may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel. Upon execution of such agreement and filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. K. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. M. Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the project. -6- N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 0. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME ER, COUN OF HAWAII Hilo, Hawaii Date of Introduction: Novenber 6, 1996 Date of 1st Reading: Novenber 6, 1996 Date of 2nd Reading: Novenber 21, 1996 Effective Date: Decenber 5, 1996 APPROVED AS TO FORM AND LEGALITY DEPUTY CRPORATION COUNSEL DATED: -8- rkuE N2Rr4 VON- i A-2 A.IO. I I i I I AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) I i I AREA: 14.690 ACRES I i I ; A-20. ~ A•20. I I I 1 ~ I 1 , 10 I i 10.449.50 N is-10 664.80 E A-20. "HAL?,I" D A-20. A XL \ !5 75 6 es • vs -b a 1 Haaheo /65.10 Y SGh00~ 11 1 RS-IO 6-b < ROAD i A-20. wgINAKl1 t5 1.5 4i0 15.7.5 n = A ~ A-20. `5 73 2 STREET D r r ~ is .I 6 7 'I A-20. POQOiKOl1 Q I (o TO Hilo t5 e w I o-7s HAWAII F'o p'0 _ AIG-s. BELT G 0 s AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFI- CATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PAPAA-HALEPUNA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-6-12:POR. OF 4 !G 2-6-13:POR OF 7 SEPTEMBER 5, 1996 EXHIBIT ,.A., (PUNNING pRECTOR) c DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII 2006 APR DATE: April 5, 2006 'NT TO: Christopher J. Yuen, Planning Director FROM: kyv Department of Public Works SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 06-000016) CHANGE OF ZONE APPLICATION (REZ 06-000037) Applicant: Plant-Mason Family Trust Request: Agriculture to Rural and A-20a & RS-15 to RA-1a Tax Map Key: 2-6-32: 006 We have reviewed the subject application received April 4, 2006 and offer the following comments for your consideration. We do not sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Access to the proposed subdivision is via Kulana Kea Road (private road) that has a 20' wide pavement (in good condition - circa 10/00) within a 60' wide right-of-way. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant/developer shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHIBIT 01-L-0989 County of Hawaii is an Equal Opportunity Provider and Employer t~ JG< 2806 ~IRR 29 9" 7 44 19~ 97 p , ''($FUPPLYW_'INCOUNTY OF HAWAVI ~y DEPARTMENT OF W f f°0/Ngwp\\~~ 345 KEKOANAo'A STREET, SVI-4-i IALO, HAWAII 96720 TELEPHONE (808) 961-8050 • PAX (808) 961-8657 March 23, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 06-000010) REQUEST: AGRICULTURE AND URBAN TO RURAL CHANGE OF ZONE APPLICATION (REZ 06-000037) REQUEST: RS-15/A-20A TO RA-IA APPLICANT - PLANT-MASON FAMILY TRUST TAX MAP KEY 2-6-032:006 We have reviewed the subject applications for the proposed State Land Use Boundary Amendment and Change of Zone Applications and have the following comments and conditions. As the applicant is "downzoning" 11.909 acres of the 14.771-acre parcel, the Department has no objections to the applicant's requests. However, the applicant will need to complete the necessary water system improvements as stated in our November 17, 2005, response to Subdivision Application No. 05-000135 to complete their subdivision. For your information, final subdivision approval will be subject to construction of the following water system improvements, which shall include, but not be limited to: 1. Offsite extension of the 8-inch water main along Kulana Kea Drive approximately 2,900 feet from the water tank on Tax Map Key 2-6-032:025 to the intersection of Kaiwiki Road and Kulana Kea Drive, 2. Onsite water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches from the existing 8-inch waterline along Kulana Kea Drive and extending approximately 240 lineal feet along Road A and Road B into each hammerhead turn-around, 3. Service laterals that will accommodate 5/8-inch sized meters to each additional lot, 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the subject property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should the), be necessary, and 1J/ EXHIBIT f Tlie Depaemen, of Vvale, Suppiy is en Equal Opportunity provider and employer. To file a complain'. a dlscnm SMeoinr, office of Civil Rights Room 326-W. VVhNen Bulldog. 14th and Independence Avenue, SW, Washington DG zuz SO 9A W call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 March 22, 2006 5. Fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or the driveway or access for the property. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavao, P.E. Manager SHK:sco copy - Mr. Sidney Fuke Mr. Willaim Plant-Mason `eJNSY Or hw~i 20GS 1'i~t$ g nm r W"° Harry Kim 51 Barbara Bell Director i..il T ~FyjNelson Ho 'Ji- 1~JSAA Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : March 1, 2006 To . CHRISTO HER YUEN, Planning Director From: , j RBARA BELL, Director Subject: State Land Use Boundary Amendment Application (SLU 06-000010) Request: Agriculture and Urban to Rural Change of Zone Application (REZ 06-000037) Request: RS-15/A-20a to RA-la Applicant: Plant-Mason Family Trust TMK: 2-6-32:6 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: 14/F} ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: 1 TECHNICAL SERVICES COMMENTS: NG ~'Z4"'11Y-u x~t t-t~ ~ t arYt 2`~l y !1 vt'-Z SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. N ( ) Ample room should be provided for implementation of a recycling program. ( , Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (%'-4 Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Ey HIBIT olisos cc: SWD,WWD,TSS 5 8049 20116 ~flR °I'1 ' S6 } ~JM1Y Osry,~' • f i~\~1 tv1L.l~lT L•- Harry KinCC;Ui } ;'t HAWAII J; Lawrence K. Mahuna Mayo. Police Chief r~ri O1•"~~' Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax (808) 961-8869 March 7, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DEREK D. PACHECO, MAJOR, AREA I OPERATIONS SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000010); REQUEST: AGRICULTURE AND URBAN TO RURAL; CHANGE OF ZONE APPLICATION (REZ 06-000037); REQUEST: RS- 15/A-20A TO RA-1A; APPLICANT: PLANT-MASON FAMILY TRUST; TAX MAP KEY: 2-6-32:6 Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. LW/Ili EXHIBIT 01:1854 "Hawaii County is an Equal Opportunity Provider and Employer' Harry Kim 2 s Darryl J. Oliveira Mayor PLAN: ! Fire Chief r Desmond K. WeTp CvWrv i ( Depury Fire Chief LT 1~'ri~db:~i~i Couutp of 'Nab3ai`i FIRE DEPARTMENT 25 Aupuai Street • Suite 103 a Hilo, Hawai'l 96720 (808) 961-8297 0 Fax(808)961-8296 March 15, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000010) REQUEST: AGRICULTURE AND URBAN TO RURAL CHANGE OF ZONE APPLICATION (REZ 06-000037) REQUEST: RS-15/A-20A TO RA-lA APPLICANTS: PLANT-MASON FAMILY TRUST TAX MAP KEY: (3)7-3-026:014 We have no comments to offer at this time in reference to the above-mentioned State Land Use Boundary Amendment application request- AA L OLIVEIRA Fire Chief DJO:Ipc 09 51 13 EXHIBIT ~P CpG~ Hawaii Canty is an Equal Opporhuuty Provider and Employer. yy~,r or x - d~ rry Kim Fdwin S. Taira a fl ( Pro ryp Housing Administrator GoUr~ , 'vF HAVAI couutp of ; abnaff OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawai'i 96720-2484 V/TT (808) 961-8379 • FAX (808) 961-8685 March 6, 2006 MEMORANDUM TO: Chris Yuen, Director Planning Department FROM. Edwin S. Taira Housing Administrator SUBJECT: State Land Use Boundary Amendment Application (SLU 06-000010) Request: Agricultural and Urban to Rural Change of Zone Application (REZ 06-000037) Request: Single Family Residential (RS-15) to Residential-Agriculture (RA-la) and Agriculture (A-20a) to Residential-Agricultural (RA-la) Applicant: Plant-Mason Family Trust Tax Map Key: 2-6-032:006 Affordable housing conditions, pursuant to Hawaii County Code, Chapter 11, Housing, are applicable to the request. Thank you for the opportunity to comment. EXHIBIT 1060paam EQUAL HOUSING OPPORTUNITY 'HAWAH COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER' LINDA LINGLE <E o Hq CHIYOME L. FUKINO, M.D. GOVERNOR c° ,esa e 9 Diredw of Health 1 N B R 2006 Flu 13 RM 09 3`'°rs,.B,,v ,`d STATE OF HAWAII PLANNII ! ,`1TMENT DEPARTMENT OF HEALTH COUNTY OF HAWAII P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 10, 2006 TO: Christopher J. Yuen Planning Director, Counntiy+~of Hawaii FROM: Donn A. Hashimoto SJw Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Applications (SLU 06-000010) Request: Agriculture and Urban to Rural Change of Zone Application (REZ 06-000037) Request: RS-15/A-20a to RA-la Applicant: Plant-Mason Family Trust Tax Map Key: 2-6-32:6 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on March 3, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice EXHIBIT 011924 Planning Director, County of Hawaii March 10, 2006 Page 2 of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at ham://www.hawai i. gov/health/environmental/water/cleanwater/forms/indi v-index.htm I. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http: //www.hawaii. gov/health/enviromnental/water/cleanwater/forms/genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] V. Discharges ofhydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] J Planning Director, County of Hawaii March 10, 2006 Page 3 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] X. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. J Planning Director, County of Hawaii March 10, 2006 Page 4 Should there be any questions on this matter, please contact the Department of Health at 933- 0917. The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. WORD:SLU 06-000010/REZ 06-000037.at ? SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 !RINK ZI PM a.. 39 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits PUVW,;l i F r_I iTMENT 'Environmental Reports March 21, 2006 COUN Y OF HAWAdI Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment (SLU 06-000010) and County Rezoning (REZ 06-000037) Applications Applicant: Plant-Mason Family Trust Papaa-Halepuna, South Hilo, HI, TMK: 2-6-32: 006 Thank you for providing me with agency comments to date on the subject matter. We note that the Police Department "does not anticipate any significant traffic and/or public safety concerns." Relative to the State Department of Health's comments, please be informed that to dispose of projected generated storm runoffs, a drainage system will have to be developed. This will likely call for the construction of drywells, which, in turn, will require securing an Underground Injection Control (UIC) and National Pollutant Discharge Elimination System (NPDES) permits. These will be done by the applicant in conjunction with the review and approval of the specific construction and drainage plans for this project. Further, during the construction phase of this project, the applicant's contractors will comply with the appropriate noise and dust control measures. I also received a copy of comments from two surrounding property owners. A copy of Mr. Eric James' favorable testimony is enclosed.. Paul and Maylyn Tallett's letter was directed to your office, a copy of which was provided me. The applicant understands and appreciates the concerns raised by the Tallett's. The applicant does not wish to have its project generate any adverse drainage impacts to them or any of the downstream neighbors. As you are aware, current county regulations require all project-generated water to be contained on-site. This is usually done through a system of drywells. Appropriate plans prepared by an engineer would have to be done and then approved by the County in conjunction with the development of this project. This process is designed specifically to address the kinds of concerns raised by the Tallett's. Furthermore, realizing the drainage concerns, the applicant does not intend to have any development within the existing drainageways. As such, the proposed lots in the area bordering the drainage easement were left deliberately large. EXHIBIT 012222 J .aidneyFuke, Plar,rJ;,, Consultant p 100 Pauahi Street, Suite 212 - Hilo, Hawaii 96720 2006 APR 7 Ail 111 31 • Planning - Variance - Zoning Telephone: (808) 969-1522 - Fax: (808) 969-7996 • Subdivision - Land Use Permits Environmental Reports April 6, 2006 COUN I Y uF HAWAII Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment (SLU 06-000010) and County Rezoning (REZ 06-000037) Applications Applicant: Plant-Mason Family Trust Pauaa-Haleouna, South Hilo, HL TMK: 2-6-32: 006 Thank you for providing me with additional agency comments to date on the subject matter. We note that the Fire Department had no comments on the applications. The requirements of the Department of Water Supply (DWSI will be complied with. The applicant has had discussions with the DWS, which confirm the recommended improvements. These improvements will be constructed, with the possible participation of another subdivider (Kulana Kea, LLC) in the area, prior to receipt of final subdivision approval. To address, the Department of Environmental Management's comments, the site is presently cleared of structures and trees. Accordingly, any required clearing will result in the material (largely grass) being mixed into the ground. During the construction phase of the subdivision and/or dwellings, construction waste will be disposed off in an approved County landfill site and not at any transfer stations. Relative to comments from the Department of Public Works, we note that the Department concluded that the Kulana Kea road, with its 20-foot wide pavement, is in good condition. Streetlights and other traffic control devices fronting the subject property will be installed in conjunction with the subdivision process. With the exception of the southern boundary of the subject property, the entire property is designated Zone X, areas outside of the 500-year floodplain, on the Flood Insurance Rate Map (FIRM). The other portion is drainage easement and will be not be disturbed. As noted in my March 21, 2006 letter to you responding in part to a surrounding property owner's concern relative to drainage, all project generated drainage will be contained on site, as required by the County. The applicant will develop and implement a drainage plan in conjunction with the subdivision process. i'he plan will conform to ' 1211 ~q M ()2. 111,2 i Mr. Christopher Yuen, Director April 6, 2006 Page 2 appropriate County requirements, which include containing all development-generated runoff on-site. As noted earlier, the applicant understands and appreciates the concerns raised by the Tallett's and certainly does not wish to have its project generate any adverse drainage impacts to them or any of the downstream neighbors. Accordingly, to further mollify and/or mitigate potential drainage concerns, the applicant and/or the future lot owners intend to confer with the Natural Resources Conservation Service (NRCS) to develop and implement additional drainage and/or land clearing plan for this site. Additionally, the applicant requested a review of this matter by its engineering consultant, Engineering Partners, Inc. In addition to noting the County's requirements, the consultant suggested the installation of one or two extra drywells near the lower southeastern corner of the property. Furthermore, a low berm and/or filter strip along the top of the Mokuhonua Stream bank should block and slow down potential runoff flowing into the stream. We trust that the above adequately addresses the concerns. If not or should there be additional agency or public comments or questions regarding this matter, please feel free to contact me. Thank you very much. ncerely, SIDNEY M. FUKE Planning Consultant Copy - Paul and Maylyn Tallett w/ enclosure (Engineering Partners, Inc.) Mr. Bill Plant-Mason w/ enclosures Consulting Engineers P. 0. Box 4159, Hilo, HI 98720 Phone: (808) 933-7900 Fax: (808) 933-3533 Email: eplic@lava.net 04-037L01 March 30, 2006 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Subject: Plant-Mason Subdivision County Rezoning (REZ 06-000037) Application TMK: 2-"32:006 This is in response to your March 20, 2006, letter regarding the drainage and soil erosion concerns brought up by Paul and Maylyn Tallett, the neighboring property owners. As correctly stated in the Tallett's letter, dated March 18, 2006, the development will have some increase in storm water runoff, as a result of more pavement area and roof areas are being proposed The County Code regulates this issue by imposing a No-Increase rule on storm water runoff for a 10-year design storm To satisfy this rule, we are planning to utilize a system of drywells and swales at strategic locations to intercept, control and retain the increase in runoff, This system is a County accepted and commonly used practice. To further reduce the storm water runoff, we suggest that grading a depression near the lower comer of the property and installing one or two extra drywells in the depression. This will ensure that the potential runoff crossing the boundary will be the same or reduced as compared to the existing condition. Depending on the needs, these drywells may or may not be the deep drywells which require the Underground Injection Control (UIC) permit from the State Department of Health. Unforhmately, at this early stage of design process, we have not prepared the drainage report yet. It will be available when we submit for our first construction drawing review to the County Department of Public Works. As for the soil erosion concern, we are planning to utilize low berms and/or filter strip along the top of the Mokuhonua Stream bank The purpose of the berms is to block and slow down the runoff flowing into the stream and settling out the soil particle before entering the stream The filter strip is to maintain a strip of land along the top of the bank in its natural condition which is heavily vegetated The vegetation of this filter strip will filter out the soil particles and reduce the turbidity of the water leaving the site. A silt fence along the lower boundaries of the property will be installed during the grading work as a temporary erosion control measure. The NPDES permit may or may not be required depending on the actual area ofconstruction- If you have any questions regarding this matter, please feel free to contact us. Sincerely, Engineering Partners, Inc. Yen Wen Fang, P.E. Principal 2066 ? 32 March 18, 2006 MRR 22 RR! PI1t1 I;; i;' H, _RTMENT County Planning Department cou -y uF HAhAI) 101 Pauahi St. Ste. 3 Hilo, Hawaii 96720 To Whom It May Concern: We are Paul D. and Maylyn Tallett who reside at 45 Kula Pl. Hilo, Hawaii on parcel 1-C of Wainaku Farm Lots, TMK # 2-6-32-024. We are responding to a letter dated February 22, 2006 RE: Notice of Submittal of Applications - State Land Use Boundary Amendment (Agriculture to Rural) and County Rezoning Request (A-20a and RS-13 to RA -la); Applicant - Plant-Mason Family Trust, TMK: 2-6-032. We have several concerns regarding this request for rezoning of the 14.771 acres that is located directly above our property: 1. Increased water runoff occurrence, volume and velocity: Multiple structures, driveways of pavement, and manicured lawns will eliminate permeation of water into the earth and direct more surface water through ow property. 2. Soil erosion and variance to the present course of water flow: Our property and other residents along Mokuhonua Stream will suffer greatly if the water is not managed. Many homes exist on the banks of the stream. Residents of Haaheo Tract and Uala Tract are not privileged to this notice of Submittal but will be affected by its actions. 3. Clarification of the proposed division of properties. The map layout does not coincide with the letter stating "reduce the number of allowable lots from 25 to 6 consisting of a minimum of 1 acre in size". The map shows a division of 12 lots instead of the proposed 6. 4. Drainage Review and Storm Water Review: Has a report been made? Are they available for review? We appreciate the notification of a rezoning application and the opportunity to provide feedback on our concerns. We look forward to attending a public hearing on this rezoning application. S Tallett. _ cc: Sidney Fuke, Planning Consultant EXHIBIT /t 1 RPMsswSLU.dw 4/6/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANT-MASON FAMILY TRUST STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000010) Upon careful review of the request against the guidelines for granting a State Land Use Boundary Amendment, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a State Land Use Boundary Amendment from Agricultural and Urban to Rural to subdivide the property into a minimum of ten (10) lots. Eight of the lots will be approximately 1+ acres in size and the remaining two will be 3.2 and 2.7 acres. A drainage easement is delineated through the latter two lots. The applicant plans to construct a dwelling on one of the lots and reserve at least two lots for their immediate family. The remaining lots would be for other family members or possibly sold to reduce the cost to develop the subdivision. The applicant hopes to complete the subdivision by 2006. The cost of the project is estimated at $1 million for on and off-site improvements, including the installation of a new 8-inch, 2,900-foot long waterline from a water tank to the site. The applicant is also requesting a concurrent Change of Zone from Agricultural 20-acre (A-20a) and Single-Family Residential 15,000 square feet (RS-15) to Residential and Agricultural 1-acre (RA-l a). The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use -1- CmTm. 933 Bill 296 Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that are compatible with the Rural designation. The applicant has stated that the 14.771-acre parcel will be subdivided into a minimum or ten residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for -2- rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The request conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The LUPAG map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Low Density Urban designation includes uses single-family residential in character, ancillary community and public uses and convenience type commercial uses. This boundary request would allow a rural development for residential- agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the site is from Kulana Kea Road, a private roadway with an approximately 20-foot wide pavement in good condition within a 60-foot wide right-of-way. Kulana Kea Road has a 20-foot wide paved section that extends from Wainaku Road to Kauhiula Road. The unpaved shoulders are approximately 3 to 5 feet wide on both sides. In this area, Wainaku Road has a right-of-way of 30 feet with a minimum 20-foot pavement. County water is available to the site; however, substantial line improvements must be made. Wastewater will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. All essential utilities are available to the property. The closest fire station and main police station are located in downtown Hilo, less than three miles from the project site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", outside of the 500-year flood plain. The property slopes slightly in a westerly direction at a gradual 8% slope. The property is designated Prime Agricultural -3- Land by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, but is not currently being used for active agricultural purposes. Soils within the property are classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil characteristics of the property, the potential for more intensive agricultural uses does exist. However, the request to rezone and subdivide the property into smaller rural-agricultural lots could enhance the property's agricultural potential, as the site would be more manageable from a size standpoint (one acre vs. fourteen acres). The proposed reclassification would conform to the objectives/policy articulated in the Hawaii State Plan relating to the economy and agriculture, which states, "facilitate the transition of agricultural lands in economically nonfeasible agricultural production to economically viable agricultural uses." The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. It is located approximately one mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. According to the applicant, the original botanical resources of the site were removed during the sugar plantation era. Fallow sugar cane, as well as weeds such as Wainaku grass, remain on the property. The applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the site. The applicant states that given the property's elevation at approximately 300 feet, it may be possible to find the Hawaiian Hawk and Hawaiian Owl in the area. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (BPD) has determined that no historic properties will be -4- affected. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural and Urban District to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -5- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL AND URBAN TO THE RURAL DISTRICT AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-032:006. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Wainaku, South Hilo, Hawaii, shall be Rural: PARCEL "A": Beginning at a point at the northeast corner of this parcel of land and at the southerly side of Wainaku Farm Lots Road Lot A the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAr' being 10,300.70 feet North and 662.20 feet East and running by azimuths measured clockwise from true South: 1. 1° 00' 669.18 feet along remainder of Lot 1-D; 2. 100° 00' 240.00 feet along remainder of Lot 1-D; 3. 126° 00' 245.00 feet along remainder of Lot 1-D; 4. 113° 00' 110.00 feet along remainder of Lot 1-D; 5. 91° 00' 60.00 feet along remainder of Lot 1-D; 6. 67° 00' 215.00 feet along remainder of Lot 1-D; 7. 97° 24' 23.32 feet along remainder of Lot 1-D; 8. 1150 14' 41.31 feet along Lot 7, Wainaku Farm Lots; 9. 170° 38' 374.23 feet along Lot C, Wainaku Farm Lots, thence along Lot C, Wainaku Farm Lots along a curve to the right having a radius of 975.00 feet the chord azimuth and distance being: 10. 173° 12' 87.33 feet; 11. 175° 46' 91.21 feet along Lot C, Wainaku Farm Lots; thence, along Lot C, Wainaku Farm Lots along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 12. 224° 55' 30.26 feet to a point at the southerly side of Wainaku Farm Lots Road Lot A; 13. 274° 04' 924.83 feet along the southerly side of Wainaku Farm Lots Road Lot A, to the point of beginning and containing an area of 11.909 Acres. PARCEL "B": Beginning at a point at the northwest comer of this parcel of land and at the southerly side of Wainaku Farm Lots Road Lot A the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,300.70 feet North and 662.20 feet East and running by,.azimuths measured clockwise from true South: 1. 274° 04' 28.47 feet along the southerly side of W ainaku Farm Lots, Road Lot A; thence, along the southerly side of Wainaku Farm Lots, Road Lot A along a curve to the left having a radius of 330.00 feet, the chord azimuth and distance being: 2. 270° 59' 40" 35.37 feet; 3. 3° 44' 726.06 feet along Lot 1-B, Addition to Haaheo 2 Elementary School and Lots 1-C, Wainaku Farm Lots; 4. 106° 39' 78.31 feet along Lot 7, Wainaku Farm Lots; 5. 93° 29' 435.80 feet along Lot 7, Wainaku Farm Lots; 6. 115° 14' 370.32 feet along Lot 7, Wainaku Farm Lots; 7. 277° 24' 23.32 feet along remainder of Lot 1-D; 8. 247° 00' 215.00 feet along remainder of Lot 1-D; 9. 271° 00' 60.00 feet along remainder of Lot I-D; 10. 293° 00' 110.00 feet along remainder of Lot 1-D; 11. 306° 00' 245.00 feet along remainder of Lot 1-D; 12. 280° 00' 240.00 feet along remainder of Lot 1-D; 13. 1810 00' 669.18 feet along remainder of Lot 1-D to the point of beginning and containing an area of 2.862 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 3 c w Agricultural Agricultural Agric Rural W E FF c S I 11 0 3 ~I 11 I Agri cultural 10,300.70 N Iriculfural 662.20 E Agricultural ' Ad '1I "HALM" , Ur an Q Agricultural ra U E o~+ Agricultural PARCEL'"A' URBAN 70 Urban RURAL: 19909' ACRES . r n p ~ VIER ~ Agricultural Agricultural U n Urban PARCEL'' AGRIC 0 RURAL 2.862 ACRE n I Urban Urban \ Agricultural Agricultural turd{ 575 287.5 0 575 1150 1,725 2300 2,875 Feet AMENDMENT TO STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL AND URBAN TO THE RURAL DISTRICT AT WAINAKU, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-6-032:006 Date: February 22, 20 EXHIBIT "A" (Plant-Mason Family Trust:06-161) RPMasmP.EZ.dm 4/6/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANT-MASON FAMILY TRUST CHANGE OF ZONE APPLICATION (REZ 06-000037) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from A-20a (approximately 2.862 acres) and RS-15 (approximately 11.909 acres) to RA-la to subdivide the property into ten lots. Eight of the lots will be approximately 1+ acres in size and the remaining two will be 3.2 and 2.7 acres. A drainage easement is delineated through the latter two lots. The applicant plans to construct a dwelling on one of the lots and reserve at least two lots for their immediate family. The remaining lots would be for other family members or possibly sold to reduce the cost to develop the subdivision. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from the Agricultural (approximately 2.862 acres) and Urban (approximately 11.909 acres) Districts to a Rural District. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. t_ Cann. 933 Bill 297 The Change of Zone request from A-20a and RS-15 to RA-1a will conform to, among others, the Land Use (Single Family Residential) policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which allows uses single family residential in character, ancillary community and public uses, and convenience type commercial uses. A 14.69-acre area, which includes approximately the entire subject property, was reclassified into the State Land Use Urban District and rezoned to the RS-15 zoned district on December 5, 1996. Mauna Kea Agribusiness, the former landowner, had planned to subdivide the property into 25 lots ranging in size between 15,000 - 20,000 square feet to provide home ownership opportunities to C. Brewer's employees. Subdivision No. 7472 was approved on October 9, 2001 for the consolidation and resubdivision of six lots into four lots (Lots 1-A through 1-D) and an existing roadway lot. However, after the subdivision was approved, Lot i-D (subject property) did not correspond in size and configuration to the 14.69-acre area that was reclassified and rezoned. Thus, the subject property has a split-zoning and State Land Use designation. C. Brewer's plans never materialized, and the applicant purchased the property in December, 2001. The applicant filed a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-20a and RS-15 to RA-2a for the subject property to create a 6-lot subdivision. However, due to cost considerations, the -2- applicant withdrew the application on January 15, 2004 and the applicant has filed the current request from A-20a and RS-15 to RA-la for a 10-lot subdivision. Properties in the area of Haaheo School are zoned RS-7.5 and RS-10. Properties north and west of the site are zoned A-20a. The land uses in the area are largely rural- agricultural in nature. The request is thus consistent with the land use pattern established within this area. Should this request be approved, the applicant may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request for a 10-lot subdivision, the potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. The property was previously utilized for the production of sugar cane, but is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "Y', an area determined to be outside of the 500-year flood plain. The property slopes in a westerly direction at a slope of approximately eight (8) percent. The State of Hawaii ALISH Map classifies the property as prime Agricultural land, or land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. Soils within the property and surrounding area is classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil characteristics of the property, the potential for more intensive agricultural uses does exist. However, the applicant states that the request to rezone and subdivide the property would enhance the property's agricultural potential, as the site would be more manageable from a size standpoint (one acre vs fourteen acres). Access to the site is from Kulana Kea Road, a private roadway with an approximately 20-foot wide pavement in good condition within a 60-foot wide right-of- -3- way. Kulana Kea Road has a 20-foot wide paved section that extends from Wainaku Road to Kauhiula Road. The unpaved shoulders are approximately 3 to 5 feet wide on both sides. In this area, Wainaku Road has a right-of-way of 30 feet with a minimum 20- foot pavement. Although County water is available to the site, substantial line improvements must be made. An 8-inch waterline would have to be extended approximately 2,900 feet from a water tank to the intersection of Kaiwiki Road and Kulana Kea Road. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. All essential utilities are available to the site. Police, fire and emergency facilities are located approximately three miles away in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately one mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (BPD) has determined that no historic properties will be affected. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: -4- • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. In a letter dated August 31, 2003, the State Department of Land and Natural Resources Historic Preservation Division (BPD) has determined that no historic properties will be affected. • The valued cultural historical and natural resources found in the rezoning area: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning area. The property was previously used for sugar cane. • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural 20-acre (A-20a) and Single-Family Residential 15,000 square feet (RS-15) to a Residential and Agricultural 1-acre (RA-la) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-34 (Papaikou-Onomea Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- CPMwmREZ.dm-4/18/06 PLANT-MASON FAMILY TRUST CHANGE OF ZONE APPLICATION (REZ 06-000037) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The applicant shall comply with construction improvements and installation requirements, meeting with the approval of the Department of Water Supply, prior to Final Subdivision Approval. D. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. E. Improvements to the intersection of Wainaku Road and Kulana Kea Road, including but not limited to straightening the curve and flattening the storage area, shall be constructed prior to final subdivision approval, as required by the Planning Director. F. No structures or other substantial improvements shall be constructed within the drainage easement identified on the Final Subdivision Map dated October 9, 2001. Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on -1- each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. The applicant shall establish drainage easements and maintain drainageways so as to direct water away from Kulana Kea Road. The drainage easements shall be included on the subdivision plat map. I. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. I The method of sewage disposal shall meet with the requirements of the State Department of Health. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. M. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in form of cash, land, facilities or any -2- combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,991.20 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $4,817.93 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $232.42 per single family residential unit to the County to support police facilities; 3. $459.06 per single family residential unit to the County to support fire facilities; 4. $200.98 per single family residential unit to the County to support solid waste facilities; and 5. $4,280.82 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 0. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have bee satisfied and the Planning Director -3- acknowledges that further reports are not required. P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -4- J,,Y OF COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`1 COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) AND SINGLE FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO RESIDENTIAL AND AGRICULTURAL - 1 ACRE (RA-1a) AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-032:006. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Wainaku, South Hilo, Hawaii, shall be Residential and Agricultural - 1 acre (RA-1 a): PARCEL "A": Beginning at a point at the northeast corner of this parcel of land and at the southerly side of Wainaku Farm Lots Road Lot A the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,300.70 feet North and 662.20 feet East and running by azimuths measured clockwise from true South: 1. 10 00' 669.18 feet along remainder of Lot 1-D; 2. 100° 00' 240.00 feet along remainder of Lot 1-D; 3. 126° 00' 245.00 feet along remainder of Lot '1-D; 4. 113° 00' 110.00 feet along remainder of Lot 1-D; 5. 91 ° 00' 60.00 feet along remainder of Lot 1-D; 6. 67° 00' 215.00 feet along remainder of Lot 1-D; 7. 97° 24' 23.32 feet along remainder of Lot 1-D; 8. 115° 14' 41.31 feet along Lot 7, Wainaku Farm Lots; 1 9. 1700 38' 374.23 feet along Lot C, Wainaku Farm Lots, thence along Lot C, Wainaku Farm Lots along a curve to the right having a radius of 975.00 feet the chord azimuth and distance being: 10. 173° 12' 87.33 feet; 11. 175° 46' 91.21 feet along Lot C, Wainaku Farm Lots; thence, along Lot C, Wainaku Farm Lots along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 12. 224° 55' 30.26 feet to a point at the southerly side of Wainaku Farm Lots Road Lot A; 13. 274° 04' 924.83 feet along the southerly side of Wainaku Farm Lots Road Lot A, to the point of beginning and containing an area of 11.909 Acres. PARCEL "B": Beginning at a point at the northwest comer of this parcel of land and at the southerly side of Wainaku Farm Lots Road Lot A the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 10,300.70 feet North and 662.20 feet East and running by azimuths measured clockwise from true South: 1. 2740 04' 28.47 feet along the southerly side of Wainaku Farm Lots, Road Lot A; thence, along the southerly side of Wainaku Farm Lots, Road Lot A along a curve to the left having a radius of 330.00 feet, the chord azimuth and distance being: 2. 270° 59' 40" 35.37 feet; 3. 3° 44' 726.06 feet along Lot 1-B, Addition to Haaheo Elementary School and Lots 1-C, Wainaku Farm Lots; 2 4. 106° 39' 78.31 feet along Lot 7, Wainaku Farm Lots; 5. 93° 29' 435.80 feet along Lot 7, Wainaku Farm Lots; 6. 115° 14' 370.32 feet along Lot 7, Wainaku Farm Lots; 7. 277° 24' 23.32 feet along remainder of Lot 1-D; 8. 247° 00' 215.00 feet along remainder of Lot 1-D; 9. 271 ° 00' 60.00 feet along remainder of Lot 1-D; 10. 293° 00' 110.00 feet along remainder of Lot 1-D; 11. 306° 00' 245.00 feet along remainder of Lot 1-D; 12. 280° 00' 240.00 feet along remainder of Lot 1-D; 13. 181 ° 00' 669.18 feet along remainder of Lot 1-D to the point of beginning and containing an area of 2.862 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. (SEE ATTACHED CONDITIONS) SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. 3 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 4 N A-20a A-20a f W F c 9 1 f~ 1 EN i1 A- Oa 10, 300.70 N A-20a 66210 E A-20a A- "HALAI R.. 15- A-20 PARC',EL'K R E7. S1NGIE~FAMILY (PIE, Ot (RS.1 5) A-20a.' TORE A-20a RS-7.5 S aENT1A1: AND ASR?CULfURAL iRA4 i AC ,RES. " R -7. P S A-20a ~ VIER A-20a R -10 R -7 S1 OPEN A• Oa PARCEL V AG UN L (A• RESIDENTIAL A D AGRICULTURAL 2.862 ACRE RS-10 MG-5a I A-2 Oa I 11 RS- S..5 575 287.5 0 575 1.150 1 725 2 300 2.875 ~eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) AND SINGLE-FAMILY RESIDENTIAL (RS-15) TO RESIDENTIAL AND AGRICULTURAL (RA-1 a) AT WAINAKU, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K: 2-6-032:006 Date: February 22, 200 EXHIBIT "A" (Plant-Mason FamilyTrust:1198)